Caroline Cox  //  10/19/17  //  Daily Update


A judge for the U.S. District Court of the District of Maryland became the second federal judge to halt the implementation of President Trump’s latest travel ban. A U.S. District Court ordered the government to permit an undocumented teenager in custody to get an abortion. Judge Daniels heard oral argument on CREW v. Trump, a challenge to President Trump's receipt of emoluments. 

 

IMMIGRATION

A judge for the U.S. District Court of the District of Maryland became the second federal judge to halt the implementation of President Trump’s latest travel ban (WaPo, NYT, The Hill).

Senate Minority Whip Dic Durbin criticized Attorney General Sessions for the policy decision to withhold grant funds from sanctuary cities (The Hill).

  • Pratheepan Gulasekaram explains the reality of sanctuary policies at ACSblog.

A U.S. District Court ordered the government to permit an undocumented teenager in custody to get an abortion (WaPo).

 

CONFLICTS OF INTEREST

Judge Daniels heard oral argument on CREW v. Trump, a challenge to President Trump's receipt of emoluments (WSJNYT)

 

CIVIL RIGHTS

DOJ's brief in Masterpiece Cakeshop threatens the integrity of the First Amendment, argues Robert Post on Take Care.

The Human Rights Campaign filed a FOIA request with the State Department for records on a letter sent from Secretary Tillerson to the Russian Foreign Minister (HRC).

A leaked FBI document suggests that the agency is scrutinizing black activists (ACLU Blog).

Attorney General Sessions’s move to intervene in a hate crimes case does not change his assault on LGBT rights, argues Ian Thompson at The Hill.

 

JUSTICE & SAFETY

Former Attorney General Eric Holder criticized the Trump Administration’s criminal justice policies as “not smart on crime” (The Hill).

Law enforcement leaders are pressuring the Trump Administration to join the “bipartisan movement for criminal justice reform” (Sentencing Law & Policy).

The Trump Administration is enabling Chinese efforts to undermine UN human rights work (Foreign Policy).

 

REGULATION

Nick Bagley explains the waiver changes under the proposed bill at Take Care.

The controversial nominee to head the EPA’s Office of Chemical Safety and Pollution Prevention is already serving as an advisor to EPA Administrator Scott Pruitt (The Hill).

The Treasury Department is considering whether to recommend eliminating rules under Dodd-Frank related to liquidating failing banks (NYT).

President Trump has indicated that he hopes for bipartisan support for his Administration’s proposed tax reform (WaPo).

  • The Washington Post has video of President Trump’s remarks to the Senate Finance Committee on the proposal.
  • TheLos Angeles Times looks at Treasury Secretary Mnuchin’s assertions about the bill.
  • TheLos Angeles Times also considers whether the plan will actually generate economic growth.

Attorneys general of eighteen states and the District of Columbia have asked for a temporary restraining order to compel President Trump to continue the cost-sharing reduction payments for the Affordable Care Act (Health Affairs Blog).

President Trump has stepped back from his endorsement of the bipartisan Senate plan to stabilize health insurance markets (NYT).

  • The New York Times explores what happens if the legislation does not pass.

National Park Service administrators and interest groups near Dinosaur National Monument are voicing concern about increased drilling in the area (NYT).

The upcoming UN climate change discussions are likely to pose challenges for the United States, which left the Paris climate accord (NYT).

 

CHECKS & BALANCES

Attorney General Sessions’s testimony to the Senate Judiciary Committee suggested that the public does not fully understand the “significance of the error” James Comey made during the Clinton investigation (The Hill).

The Trump Administration may inspire greater congressional oversight of the federal bureaucracy, writes Chris Walker at Notice & Comment.  

 

FEDERALISM

With little support from the White House, Congress must step up to help Puerto Rico recover, argues Rep. José E. Serrano (D-N.Y.) at The Hill.

 

REMOVAL FROM OFFICE

A recent paper from the Brookings Institution makes clear the strong case for obstruction of justice, writes Barbara McQuade at ACSblog.

 

RUSSIAN INTERFERENCE

Senator Jeanne Shaheen has expressed “deep concerns” to Defense Secretary Mattis about reports that Russia reviewed the source code of software used by the American public sector (The Hill).

The Senate Intelligence Committee has requested that the son of former national security adviser Michael Flynn provide documents and testimony in the Russian interference investigation (Reuters).

Attorney General Sessions’s changed his story on Russian contacts in his testimony to the Senate Judiciary Committee (Just Security).

Special counsel Mueller conducted an interview with a cybsecurity expert who alleges that a GOP operative asked him to collude with Russians during the 2016 election (The Hill).

 


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