Rachel Chung  //  10/23/17  //  Daily Update

The undocumented 17-year-old in federal custody who seeks an abortion faces further delays after the D.C. Circuit ruled HHS has until October 31 to try to find her a sponsor so the Government need not “facilitate” her abortion. DOJ filed a formal notice of appeal to a federal judge’s decision blocking the Administration’s latest travel ban. The Trump Administration is defending its decision to cease cost-sharing reduction (CSR) payments, but 18 states and D.C. are continuing their challenge. A federal judge refused to erase Sheriff Joe Arpaio’s conviction, even after President Trump issued his pardon. President Trump has pledged more than $400,000 of his own money to help cover his aides’ legal costs in the Russia probes.

IMMIGRATION

The undocumented 17-year-old in federal custody who seeks an abortion faces further delays after the D.C. Circuit ruled HHS has until October 31 to try to find her a sponsor so the Government need not “facilitate” her abortion. If HHS finds a sponsor, Jane Doe may lawfully obtain an abortion in the sponsor’s custody (NYT, The Hill, WaPo, WSJ).

• The order is here, and Judge Millet’s dissent is here.
• Recap and commentary of Friday’s oral arguments are here.
• The ruling is a dubious compromise to protect conservative judges’ anti-abortion chops, writes Mark Joseph Stern at Slate.
• The only limit on the government’s control over women’s bodies is “what they can get away with,” argues the Editorial Board at the New York Times.
• The federal government’s actions are unconscionable, contends the Editorial Board at the LA Times.

DOJ filed a formal notice of appeal to a federal judge’s decision blocking the Administration’s latest travel ban (WaPo).

• A recap of the judge’s decision is here.

The Justices should consider Muslims’ safety, dignity, and equality when the new ban inevitably reaches the Court, argues Ryan J. Suto at ACSBlog.

National security and immigration policies should not get a blanket exemption from judicial review applied to similar policies in other fields, contends Ilya Somin at the Volokh Conspiracy.

Although Temporary Protected Status will expire soon for 300,000 Haitians and Central Americans residing legally in the United States, the Trump Administration will not likely renew the benefit (WaPo).

DEMOCRACY

A free and independent judiciary is necessary to support a free press, writes Nancy Leong at Take Care.

In addition to taking a knee, NFL players should advocate specific policing reforms like mandatory de-escalation training and independent criminal investigations of police shootings, argues Chiraag Bains at the Guardian.

• President Trump’s pressure on the NFL to censor players’ speech raises First Amendment concerns, contends Garrett Epps at the Atlantic.

The President’s Election Integrity Commission is keeping its own members in the dark (The Guardian).

The White House has adopted an increasingly authoritarian response to media criticism, observes Aaron Blake at the Washington Post.

JUSTICE & SAFETY

The Trump Administration’s response to crisis in Puerto Rico underscores the need to allow Puerto Ricans to determine statehood or independence, argue Robert Rasmussen and Mitu Gulati at The Hill.

Secretary of State Rex Tillerson insisted President Trump will not block European trade to Iran (WSJ).

CONFLICTS OF INTEREST 

A secondary question lurks in the CREW v. Trump case: Is the Foreign Emoluments Clause a political question for Congress and not the courts?, asks Jed Shugerman at Shugerblog.

• Analysis of last week’s oral argument is here. 

Nick Ayers, Vice President Pence’s Chief of Staff, volunteered for the Trump-Pence campaign while doing paid work for other candidates (Politico).

REGULATION

The Trump Administration bypassed a key administrative law procedure with its new birth control regulations--the same procedure that courts repeatedly held President Obama could not bypass, writes Brianne Gorod at Slate.

Double-taxation is a meaningless distraction from real tax reform, argues Michael Dorf at Dorf On Law.

The EPA has walked back its proposed changes to biofuels policy (The Hill, ArsTechnica).

The Trump Administration is defending its decision to cease cost-sharing reduction (CSR) payments, but 18 states and D.C. are continuing their challenge (Health Affairs, Lyle Denniston Law News).

• The Administration’s opposition to Plaintiffs’ motion for a temporary restraining order is here.
• Plaintiffs’ reply brief is here.
• Congressional leaders are weighing in on both sides (Lyle Denniston Law News, Health Affairs).

Senate Majority Leader Mitch McConnell signaled he would bring the bipartisan Murray-Alexander proposal to a vote if President Trump issued his support (NYT).

President Trump has promoted association health plans, but they have a history of fraud (NYT).

The IRS will reject tax returns that lack the a health insurance disclosure, suggesting that parts of the Administration are keeping the ACA alive (NYT).

RULE OF LAW

A federal judge refused to erase Sheriff Joe Arpaio’s conviction, even after President Trump issued his pardon (Buzzfeed, Tuscon.com).

• The order is here.
• Judge Bolton’s reasoning is remarkably ordinary, observes Joshua Geltzer at Just Security.

RUSSIAN INTERFERENCE

President Trump has pledged more than $400,000 of his own money to help cover his aides’ legal costs in the Russia probes (WaPo).