Ian Eppler, Britany Riley  //  11/17/17  //  Daily Update

The House of Representatives passed the Republican tax reform proposal. Richard Cordray has announced his impending resignation as director of the Consumer Financial Protection Bureau. The Federal Communications Commission voted along party lines to eliminate rules limiting the ability of broadcast media outlets to merge. Senate Judiciary Committee Chairman Chuck Grassley (R-IA) announced that he would begin holding hearings on certain judicial nominees without “blue slips” from home state senators. The Senate Judiciary Committee announced that Jared Kushner had undisclosed contacts with Wikileaks and individuals tied to the Russian government.

PODCAST

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

IMMIGRATION

Presidential “travel bans” are not new, but President Trump’s is different in its scope, application, and the government’s objectives, notes David Bier at Cato at Liberty.

The Trump Administration should not hire more border patrol agents to monitor an already secure southern border, and Customs and Border Patrol suffers from significant disciplinary and corruption issues which must be addressed before the agency can grow, argues Alex Nowrasteh on Cato at Liberty.  

Police departments with disturbing civil rights records are applying to Immigration and Customs Enforcement to participate in a program deputizing local law enforcement to carry out immigration enforcement, claims Sarah Gillooly at ACLU.  

CIVIL RIGHTS

Hargan v. Garza is proof of the ways states are limiting abortion access with little to no regard for Hellerstadt’s undue burden analysis requirement, argues Leah Litman on Take Care.

DEMOCRACY

Threats of arrest for a Texas driver with anti-trump decal likely run afoul of the First Amendment, argues Eugene Volokh on The Volokh Conspiracy.

JUSTICE & SAFETY

President Trump’s recent executive order, which rolled back restrictions and oversight on local law enforcement agencies gifted surplus military weapons and gear, is an unreasonable attack on common sense policies, argues John I Dixon on the Hill.

Polls indicate that most Americans oppose the Trump Administration's tough on crime policies, and instead see a need for criminal justice reform, claims Udi Ofer at the ACLU.

CONFLICTS OF INTEREST

Washington, D.C. and Maryland have standing to sue President Trump over Emoluments Clause violations, argue Seth Davis and Daniel Hemel at Take Care.

Kirstjen Nielsen, President Trump’s nominee to direct the Department of Homeland Security, has been advised in her confirmation process by a consultant who represents companies seeking DHS contracts, reports Nick Miroff in the Washington Post.

REGULATION

Repeal of the Affordable Care Act’s individual mandate, as proposed in the Senate Republican tax proposal, would take insurance from millions, argues Nick Bagley at Take Care. 

The House of Representatives passed the Republican tax reform proposal, 227-205 (NYTimes, Politico, WaPo, WSJ).

• The bill emphasizes corporate tax cuts, writes Jim Tankersley in the New York Times.
• The bill would also eliminate tax benefits provided to graduate students and university employees (NYTimes).
• The tax bill may have significant implications for many workers who are classified as independent contractors, note Shu-Yi Oei and Diane Ring at On Labor.

The resignation of Richard Cordray as director of the Consumer Financial Protection Bureau gives President Trump an opportunity to reshape the agency (NYTimes).

• Mick Mulvaney, director of the Office of Management and Budget and a CFPB critic, will likely be appointed interim director of the agency (WaPo, WSJ).

Under the Trump administration, the Office of the Comptroller of the Currency has taken a hands-off approach to financial regulation, report Ben Protess and Jessica Silver-Greenberg in the New York Times.

The Federal Communications Commission voted along party lines to eliminate rules limiting the ability of broadcast media outlets to merge (WaPo, WSJ).

The FCC voted along party lines to scale back a subsidy for low-income people to pay for broadband internet access (Ars Technica).

The FCC will likely vote to eliminate net neutrality rules in December (Ars Technica).

The Trump administration is reversing an Obama-era ban on imports of elephant parts acquired through hunting in Zimbabwe and Zambia (The Hill, WaPo).

President Trump nominated Johnny Collett to be assistant secretary of education for special education and rehabilitative services at the U.S. Department of Education (Disability Scoop).

President Trump’s slow pace of nominations for executive positions may have significant impacts on agencies in the near future, as acting officials reach their time limit under the Federal Vacancies Reform Act, writes Daniel Van Schooten at POGO Blog.

The Trump administration’s pro-coal policies may undermine the interests of the oil industry, argues Dan Farber at Legal Planet. 

Two Republican senators announced their intent to oppose Michael Dourson, President Trump’s nominee to lead the EPA’s chemical safety office, putting his confirmation in jeopardy (The Hill).

RULE OF LAW

Interior Secretary Ryan Zinke has failed to keep proper records of his travel since taking office, reports the Department’s Inspector General (Politico, WaPo).

CHECKS & BALANCES

Senate Judiciary Committee Chairman Chuck Grassley (R-IA) announced that he would begin holding hearings on certain judicial nominees without “blue slips” from home state senators (BuzzFeed, Politico)

• Democrats objected to the elimination of the “blue slip,” as well as the fast pace of judicial nomination hearings (CNN).
• Judicial nominees may be one of President Trump’s most significant legacies, reports Andrew Chung at Reuters.
• The Federalist Society has had a significant role in President Trump’s judicial nominations, notes Lydia Wheeler in The Hill.

RUSSIAN INTERFERENCE

The Senate Judiciary Committee announced that Jared Kushner had undisclosed contacts with Wikileaks and individuals tied to the Russian government (NYTimes, WaPo).

The Special Counsel issued a subpoena to President Trump’s campaign seeking documents related to Russia (WSJ).

Laundered money from Russian interests may be supporting President Trump’s legal defense, argue Alex Tausanovitch and James Lamond at Just Security. 

The Special Counsel is likely to interview White House Communications Director Hope Hicks in the coming weeks (Politico).

Reza Zarrab, a Turkish businessman charged with violating US sanctions on Iran, may be cooperating with Special Counsel Robert Mueller’s investigation into former National Security Advisor Michael Flynn, writes Katie Zavadski at The Daily Beast.

If President Trump attempts to fire Special Counsel Robert Mueller, senior Department of Justice officials may not comply, notes Victoria Bassetti at ACS Blog.