Britany Riley , Jacob Miller  //  11/9/17  //  Daily Update


Advocates have petitioned the Ninth Circuit to appoint private counsel to prosecute Joe Arpaio and challenge his pardon. The Trump Administration has tightened restrictions on Americans traveling to Cuba and accessing hotels, stores, and businesses tied to the Cuban military. President Trump has called for total denuclearization of North Korea and warns North Korea not to underestimate the United States during speech in South Korea. Rep. Al Green (D-Texas) has announced that he will force a vote on the House floor before Christmas to impeach President Trump.

 

IMMIGRATION

The diversity lottery system may be flawed, but is fares better than most alternatives and in any event, Congress would likely eliminate the 50,000 immigration spaces rather than redistribute them if the program ended, argues Michael Dorf on Take Care and Dorf on Law.

Advocates have petitioned the Ninth Circuit to appoint private counsel to prosecute Joe Arpaio and challenge his pardon after DOJ declined to prosecute in light of President Trump’s involvement in the case (Protect Democracy).

Continued protection and a path to citizenship for DACA recipients is both essential to military readiness and the honorable response to immigrants’ military service, argues former Secretary of Defense Robert Gates on the New York Times.

The Solicitor General’s certiorari petition in Hargan v. Garza is unusual in purpose and the weakness of its arguments, notes Marty Lederman on Balkinization.

                                                                                                                                   

CIVIL RIGHTS

Penny Nance, President Trump’s rumoured nominee to be Ambassador-at-Large for Global Women's Issues, has a long record lobbying against the interest of women and other LGBT people, claim Brian Tashman and Gabriela Meléndez Olivera (ACLU).

Following the logic of his earlier opinions addressing government compelled speech, Chief Justice Roberts may side with plaintiffs claiming anti-gay discrimination in the Masterpiece Cakeshop case, argues David H. Gans on Slate.

Citizen activism, not litigation alone, must be the driving force in opposition to the Trump Administration, claims David Cole (ACLU).

 

REGULATION

Senate Democrats question President Trump’s nominee to lead the Department of Homeland Security, Kirstjen Nielsen, on her lack of experience, though she still appears likely to be confirmed (NYTimes, WaPo).

The Trump Administration has tightened restrictions on Americans traveling to Cuba and accessing hotels, stores, and businesses tied to the Cuban military (WaPo, NYTimes, LA Times).

EPA head Scott Pruitt says the Climate Science Special Report will not stop plans to rollback former President Obama’s Clean Power Plan (The Hill).

Senator Ed Markey (D-MA) calls President Trump’s nominee to lead the White House Council on Environmental Quality’s positions “outrageous” and “denying science” in confirmation hearing (NYTimes).

President Trump has called for total denuclearization of North Korea and warns North Korea not to underestimate the United States during speech in South Korea (WSJ).

 

CHECKS & BALANCES

Speaker Ryan should call a vote on the DREAM Act, which could unify democrats and many republicans after the Trump administration’s repeal of DACA, argue Reps. Adriano Espaillat (D-N.Y.), Luis V. Gutiérrez (D-Ill.) and Raúl M. Grijalva (D-Ariz.) in The Hill.

 

REMOVAL FROM OFFICE      

Rep. Al Green (D-Texas) announces he will force a vote on the House floor to impeach President Trump prior to Christmas (The Hill).

 

RUSSIAN INTERFERENCE                                                                                                                                                                    

The judge overseeing the Manafort and Gates trial hsa issued a gag order directing all parties not to make statements that could prejudice jurors (WaPo).

Congressional investigators are interviewing former Trump aides about the campaign’s fight to remove language from the 2016 GOP platform that supported giving weapons to Ukraine (Politico).


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