Christina Ford  //  11/7/17  //  Daily Update


DHS announced that they will end temporary protected status for Nicaraguans, but did not make a decision on the protected status for Hondurans. First Amendment scholars filed an amicus brief in support of those suing the President for engaging in impermissible viewpoint discrimination by selectively blocking critics from his Twitter account. The White House has prepared an executive order to weaken the ACA’s requirement that taxpayers demonstrate proof of insurance.

 

IMMIGRATION

DHS announced that they will end temporary protected status for Nicaraguans, but did not make a decision on the protected status for Hondurans (WaPo; The Hill).

 

CIVIL RIGHTS

A federal court’s decision to enjoin President Trump’s ban on transgender people in the military reinforces that the decision was motivated by animus (Take Care).

 

DEMOCRACY

First Amendment scholars filed an amicus brief in support of those suing the President for engaging in impermissible viewpoint discrimination by selectively blocking critics from his Twitter account (Just Security; The Hill).

  • You can find the amicus brief here.

 

REGULATION

The White House has prepared an executive order to weaken the ACA’s requirement that taxpayers demonstrate proof of insurance (WaPo).

The Clean Air Council has sued the Trump Administration over its approach to climate change and the Clean Power Plan (The Hill).

Repealing the CFPB’s arbitration rule will have dangerous consequences for consumers, writes David Noll at The Regulatory Review.

 

RULE OF LAW

The recent terror attack in Manhattan provides an opportunity for President Trump to reaffirm the rule of law and prosecute the suspect in the U.S. federal justice system, rather than at Guantanamo (Just Security).

  • Lisa Monaco offered commentary on this next phase in the War on Terror.

President Trump’s attack on the Department of Justice and our institutions is another form of  demagoguery , writes Bob Bauer at Lawfare.

President Trump urged tribal leaders to ignore federal law in a meeting this past summer (Axios).

 

CHECKS & BALANCES

Senate Democrats are calling for new hearings and an inspector general’s investigation into reports that Commerce Secretary Wilbur Ross has previously undisclosed Russian business ties (WaPo).

 

MUELLER INVESTIGATION & RUSSIAN INTERFERENCE

A federal judge has determined Paul Manafort and Rick Gates pose “significant flight risks” and has refused to ease bail conditions (LATimes). 


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School