Ari Hoffman  //  5/30/17  //  Daily Update

Debates continue over the Fourth Circuit ruling against President Trump's revised travel ban. It has been reported that President Trump intends to leave the Paris Agreement. Historians have discovered valuable ways to shed light on the meaning of "emoluments." And the investigation into Russiagate has expanded to Jared Kushner.

IMMIGRATION

Analysis continues of the Fourth Circuit's decision upholding an order blocking President Trump's revised travel ban. 

• Amy Davidson notes that the ban "drops with intolerance" on its way to the Supreme Court (New Yorker)
• Jonathan Hafetz reads the Fourth Circuit opinion through the lens of "judicial credibility" (Balkanization)
• Aziz Huq analysis Judge Shedd's dissent and its criticism of imputing "stigma" to Trump's order (Just Security)
• David Rivkin and Lee Casey sharply criticize the Fourth Circuit decision as judicial overeach and urge the Supreme Court to reverse it. The Wall Street Journal editorial board agrees.
• The travel ban is on shaky ground, contends Lydia Wheeler (The Hill)
• Will the Supreme Court agree that Trump is not to be believed, asks Robert Barnes (WaPo).
• In the NYT, Ross Douthat describes the Fourth Circuit opinion as "how not to fight Trump"
• At The Associated Press, Mark Sherman previews the next step: the U.S. Supreme Court.
• At Lawfare, Peter Margulies is likewise critical of the court’s reasoning, and is joined here and here by Josh Blackman.
• Courts should not join the #resistance, argues Ilya Shapiro (CATO@Liberty) 

CIVIL RIGHTS

Breaking tradition, the State Department will not hold a reception for Ramadan (WaPo). 

REGULATION

It has been reported that President Trump intends to leave the Paris Agreement on Climate Change (The Hill). 

The White House has acted to roll back the birth-control mandate for religious employers (NYT).

Aaron Nielson reviews the DC Circuit en banc argument about the constitutionality of the CFPB.

• Noah Feldman argues that the CFPB Director's future is fraught under Trump (Bloomberg). 

CONFLICTS OF INTEREST

The word "emolument" as used by William Blackstone covered a wide array of transactions, reports John Mikhail at Balkanization.

• Jed Shugerman elaborates on this "Blackstone breakthrough" at Shugerblog.

The New York Times follows up on President Trump’s promise to donate proceeds from the new Trump Hotel to the U.S. Treasury, and doesn’t like what it finds.

CHECKS & BALANCES

The Washington Post explores how President Trump’s penchant for generals is already shifting American foreign policy.

Molly Ball looks at how President Trump’s scandals are making life difficult for Republicans on Capitol Hill.

REMOVAL FROM OFFICE

Adam Liptak explores the consttiutional puzzle of whether a sitting President can can indicted.

Robert Samuelson outlines the “high bar” in the pursuit of impeachment.

At Politico, Natasha Korecki highlights momentum building at the local level for impeachment.

RUSSIAN INTERFERENCE

The Russia probe expands to Jared Kushner, President Trump’s son-in-law, while the President expressed his approval of contact between Kushner and Moscow.

• David Ignatius describes just how unsual this use of ‘back-channels’ is for a president-elect.

Robert Mueller is off to a fast start in the Russia investigation, while Aditya Bamzai dives into the mandate of a special investigation in relation to counterintelligence.

And that’s our update today!  Thanks for reading.  We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.

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