Daily Update | November 1, 2018
Zak Lutz // 11/1/18 //
President Trump’s proposed birthright citizenship order is creating legal chaos now and will later, despite the order’s likely unconstitutionality. The proposal is dividing the Republican party, including President Trump and Speaker Ryan. Border Patrol is preparing for the arrival of both the migrant caravan and national troops. The Trump Administration called for a ceasefire in Yemen. The National Archives released the Watergate “Road Map.” The Commerce Department banned American companies from selling components to the Chinese chipmaker Fujian Jinhua. Democrats slammed the Director of National Intelligence for keeping a report about Chinese election interference confidential.
TRUMP: INVESTIGATIONS AND LITIGATION
The constitutional challenges to Robert Mueller’s appointment have some weaknesses, explains Marty Lederman in Just Security.
IMMIGRATION
President Trump’s proposed birthright citizenship order is creating legal chaos now and will later, despite the order’s likely unconstitutionality (Lawfare).
- The legal consensus is that the proposed order would be unconstitutional (Balkanization, Balkanization, NYT, NYT, Reason).
- The proposal is dividing the Republican party, including President Trump and Speaker Ryan (NYT).
- President Trump has revived his 2016 anti-immigrant rhetoric on the campaign trail (NYT).
Border Patrol is preparing for the arrival of both the migrant caravan and national troops (LAT).
CIVIL RIGHTS
The Trump Administration risks repeating grave errors from our nation’s history through its recent reliance on biological determinism, argues Praveen Fernandes in Take Care.
JUSTICE & SAFETY
The US Sentencing Commission released third quarter sentencing data, showing a mild increase in within-guideline sentencing rates (Sentencing Law and Policy).
If the Trump Administration actually wants to prevent right-wing violence, there are steps it can take, argue Michael German and Faiza Patel in Just Security.
The Trump Administration has submitted reasonable criticisms of the global postal union, argues Simon Lester at Cato.
- President Trump announced several weeks ago that the US would withdrawal for the United Postal Union (Lawfare).
President Trump said he may send 15,000 troops to the US-Mexico border (WaPo).
The Trump Administration called for a ceasefire in Yemen (LAT).
The National Archives released the Watergate “Road Map” (Lawfare, Lawfare, Lawfare).
REGULATION
The FDA should increase its regulation for “carebots,” devices that help the elderly with their medical care, argues Fazal Khan in Balkanization.
The Commerce Department banned American companies from selling components to the Chinese chipmaker Fujian Jinhua (LawFare).
After the repeal of net neutrality, Verizon will not expand its capital investments for 5G (ArsTechnica).
The Fed is relaxing bank regulations (NYT).
The Affordable Clean Energy rule will be neither affordable nor clean, argues Nat Logar in Legal Planet.
RULE OF LAW
The Constitution provides fundamental liberal protections against democratic oppression, explains Corey Brettschneider in Take Care.
CHECKS & BALANCES
Judges should not have the power to halt laws nationwide, suggests Nick Bagley in Take Care.
RUSSIAN INTERFERENCE
National Security Advisor John Bolton acknowledged the US has taken steps to thwart election interference (WaPo).
Democrats slammed the Director of National Intelligence for keeping a report about Chinese election interference confidential (Hill).
Tags:
Immigration Rule of Law Checks & Balances Regulation Civil Rights Justice & Safety Russian Interference