Caroline Cox  //  10/6/17  //  Daily Update

The Trump Administration asked the Supreme Court to dismiss the two cases challenging the March travel ban, arguing that they are now moot. Tensions with President Trump are making it more difficult for Secretary of State Rex Tillerson to build diplomatic relationships. President Trump has agreed to “a broad strategy” to challenge Iran’s ballistic missile program, but his Administration has yet to clarify its position on the Iran nuclear deal. Senator John McCain stated that the Senate Armed Services Committee will support efforts to challenge Russia’s disinformation campaign in the United States.

IMMIGRATION

As the rescission of DACA begins to take effect, several legal challenges may offer hope for the program (Balkinization).

• Human Rights Campaign takes a critical look at the last day of DACA renewal.

It may not make sense to apply strict scrutiny to the policies such as the travel ban that are motivated by animus, argues Michael Dorf at Dorf on Law.

Internal emails from Immigration and Customs Enforcement reveal how agents have struggled to provide support to President Trump’s rhetoric on immigration (ImmigrationProf Blog).

Research points to the centrality of immigration issues to President Trump’s electoral victory and popularity, writes Thomas B. Edsall at The New York Times.

The ACLU’s habeas petition on behalf of a not-identified American citizen held as an enemy combatant by the U.S. military provides promising arguments (Lawfare) 

The best way for President Trump to protect the latest travel ban is to have Cabinet officials “declare under oath that the process . . . did not have any pre-ordained outcomes,” explains Sophia Brill at Lawfare.

California Governor Jerry Brown signed legislation that makes the state a “sanctuary state” (LA Times).

The sharply reduced embassy staff in Cuba has left many Cuban families without access to visa services (NYT).

The House Homeland Security Committee voted to advance a bill that would authorize $10 billion to President Trump’s border wall project (ACLU Blog).

The Trump Administration asked the Supreme Court to dismiss the two cases challenging the March travel ban, arguing that they are now moot (NYT).

• The Solicitor General’s letter brief can be read here.
• The ACLU’s letter brief on behalf of the IRAP plaintiffs can be read here.
• Hogan Lovells’s brief on behalf of the Hawaii plaintiffs can be read here.
• Marty Lederman evaluates the briefs at Take Care.
• Lyle Denniston provides legal analysis of the mootness question.

CIVIL RIGHTS

Attorney General Sessions has reversed an Obama Administration policy holding that the Civil Rights Act protects transgender workers (Buzzfeed).

• Human Rights Campaign criticized the new DOJ guidance.

The NAACP will sue the Commerce Department for allegedly withholding records about preparation for the 2020 census (The Hill).

DEMOCRACY

A proposed California law that would require presidential candidates to disclose federal tax returns may face a constitutional challenge, explain Charlie Gerstein and Jason Harrow at Take Care.

Challenges to President Trump’s attacks on the press could find success in using the Press Clause of the First Amendment, writes Sonja West at Take Care.

JUSTICE & SAFETY

The experiences of Hurricanes Katrina and Sandy show that the Trump Administration’s rebuilding process must emphasize risk mitigation (LegalPlanet).

Attorney General Sessions released information on new initiatives to reduce violent crime (Sentencing Law & Policy, The Hill)

Tensions with President Trump are making it more difficult for Secretary of State Rex Tillerson to build diplomatic relationships (NYT).

President Trump has agreed to “a broad strategy” to challenge Iran’s ballistic missile program, but his Administration has yet to clarify its position on the Iran nuclear deal (NYT).

• The CATO Institute warns against abandoning the deal.
• Jed Shugerman also praises the Iran nuclear deal.

The Trump Administration has asked Congress for $29 billion to fund relief in Puerto Rico and other hurricane-damaged areas (NYT).

President Trump announced that he would consider legislation banning the “bump stock” attachment used in the Las Vegas shooting (The Hill).

• Rep. Ruben Kihuen of Nevada voices support for the ban at ACSblog.

CONFLICTS OF INTEREST

Though there were few new developments in the past month, the list of credible allegations of conflicts of interest and corruption against President Trump remains significant, explains Matthew Stephenson at the Global Anticorruption Blog.

The Treasury Department’s Office of Inspector General revealed that Treasury Secretary Mnuchin’s flights on military aircraft cost more than $800,000 (NYT).

President Trump nominated a coal lobbyist with ties to climate deniers to serve as deputy director of the EPA (NYT).

REGULATION

President Trump’s campaign against renewable energy in favor of coal  is unlikely to succeed in a global economy (LegalPlanet).  

The Trump Administration has made efforts to reverse almost 50 environmental rules since January (NYT).

The Senate confirmed President Trump’s nominee for the Federal Reserve’s vice chairman for supervision, a step helping efforts to relax financial regulations (NYT).

The Trump Administration plans to eliminate the birth control mandate (NYT).

RUSSIAN INTERFERENCE

Congress will need to press the Trump Administration to support measures against future Russian interference, argues Bob Bauer at Just Security.

Senator John McCain stated that the Senate Armed Services Committee will support efforts to challenge Russia’s disinformation campaign in the United States (The Hill).

Russian state hackers stole data from the NSA on American cyber defense (WSJ).