Mackenzie Walz, Abigail DeHart  //  11/15/18  //  Daily Update


Betsy DeVos, Secretary of the Department of Education, is expected to release new Title IX rules regulating how universities must handle sexual assault and harassment allegations. President Trump’s recent asylum policy is in violation of a Congressional statute, which states that anyone can apply for asylum at a designated port of arrival. The DOJ argued that President Trump has “broad discretion" to limit reporter access to White House buildings and events. The DOJ’s Office of Legal Counsel issued a memorandum explaining that the president has the legal authority to appoint a non-Senate-confirmed individual as acting attorney general.

 

IMMIGRATION

President Trump’s recent asylum policy is in violation of a Congressional statute, which states that anyone can apply for asylum at a designated port of arrival, argues David Bier of Cato.

  • The policy is based on false claims (WaPo).


DEMOCRACY

The DOJ argued that President Trump has “broad discretion" to limit reporter access to White House buildings and events (CNN).

REGULATION

Betsy DeVos, Secretary of the Department of Education, is expected to release new Title IX rules regulating how universities must handle sexual assault and harassment allegations (WaPo).

 

RULE OF LAW

The DOJ’s Office of Legal Counsel issued a memorandum explaining that the president has the legal authority to appoint a non-Senate-confirmed individual as acting attorney general (WaPo; The Hill; NYT).

  • The memo is available here.

 

CHECKS & BALANCES

Senator McConnell blocked the introduction of a bill to the Senate floor that would protect Special Counsel Robert Mueller if he were fired by President Trump (The Hill).

 

REMOVAL FROM OFFICE

Although some Democrats may introduce impeachment resolutions when the new Congress commences, history illustrates it is unlikely President Trump will be impeached, argues David Priess at the Washington Post.

 


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

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