Mackenzie Walz  //  5/3/19  //  Daily Update


The Department of Health and Human Services finalized a regulation making it easier for health care workers to refuse to provide services that violate their religious or moral beliefs. The ACLU filed a lawsuit against Attorney General Barr’s recent decision allowing ICE to detain asylum seekers awaiting their hearings without due process. The Pentagon released its annual report on civilian casualties in connection with US military operations, but the numbers reported are significantly lower than those reported by NGOs. The Trump Administration’s regulatory agenda has faced several challenges in court, losing at a historic rate. Congress’ review of the Mueller report and Barr’s handling of the report is focused largely on criminality, which may obscure other issues, such as national security risks and presidential expectations.

 

TRUMP: INVESTIGATIONS AND LITIGATION

If Attorney General Barr believed a decision on the obstruction of justice investigation was imperative, he could have directed Mueller to make that decision, contends Randall Eliason for the Washington Post.

 

IMMIGRATION

The Trump Administration’s aggressive deportation agenda is harming American children, as it is exposing them to prolonged stress and financial instability (NYT).  

The ACLU filed a lawsuit against Attorney General Barr’s recent decision allowing ICE to detain asylum seekers awaiting their hearings without due process, explains Michael Tan for the ACLU Immigrants’ Rights Project.

 

JUSTICE & SAFETY

During its review of the United States’ counterterrorism policy this week, the United Nations should keep the country’s flaws front and center, discusses Letta Taylor for Just Security.

The Pentagon released its annual report on civilian casualties in connection with US military operations, but the numbers reported are significantly lower than those reported by NGOs (Just Security).

  • The full report is available here on Lawfare.
  • Rita Siemion and Daniel Mahanty discuss the details of the report and how the gaps in the reporting process can be improved. 

President Trump signed an executive order aimed at increasing the qualifications of the federal government’s cybersecurity workforce (The Hill).

 

REGULATION

The Interior Department rolled back the offshore drilling safety rules established by the Obama Administration nearly a decade ago, after the BP oil spill (Politico; WSJ).

The Department of Health and Human Services finalized a regulation making it easier for health care workers to refuse to provide services that violate their religious or moral beliefs (Politico; NPR).

  • The official regulation can be read here.
  • The Human Rights Campaign released a statement responding to the regulation.

 

CHECKS & BALANCES

The Trump Administration’s regulatory agenda has faced several challenges in court, losing at a historic rate, discuss Jason Harrow and Bethany Noll in the latest Versus Trump podcast for Take Care.

 

RUSSIAN INTERFERENCE

Congress’ review of the Mueller report and Barr’s handling of the report is focused largely on criminality, which may obscure other issues, such as national security risks and presidential expectations (Just Security).

One day after the Mueller report was publicly released, White House lawyer, Emmet Flood, sent Attorney General Barr a letter expressing several concerns regarding the substance of the report (The Hill).

  • The full letter is available here on Lawfare.

 


Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School