Take Care  //  9/11/17  //  Daily Update


The University of California system, led by Janet Napolitano, has sued the Trump Administration regarding its appeal of DACA. The DOJ has filed an amicus brief in support of a Christian baker who refused to make a cake for a same-sex wedding. President Trump tweeted his support for churches seeking FEMA money after Hurricane Harvey.

 

IMMIGRATION

The University of California system, led by Janet Napolitano, has sued the Trump Administration regarding its appeal of DACA (NYT).

  • The complaint can be found here.

DACA is just one of several instances where President Trump’s Department of Justice has flipped on Obama-era positions, write Leah Litman and Lark Turner at Take Care.

  • Democratic attorneys general might be able to save DACA, reports Sean Illing at Vox.
  • There are a number of differences between the approaches of the DACA and travel ban litigation, notes Michael C. Dorf at Dorf on Law.

 

CIVIL RIGHTS

The DOJ has filed an amicus brief in support of a Christian baker who refused to make a cake for a same-sex wedding (WaPoWSJ).

  • The brief can be found here.
  • The Trump Administration’s stance in the case is merely the latest letdown for LGBT advocates, reports Carrie Johnson at NPR.
  • The DOJ’s brief in the case is cynical, dishonest, and embarrassing, argues Mark Joseph Stern at Slate. 

Education Secretary Betsy DeVos’s plans to rework the Department’s approach to Title IX could change sexual assault policies for the better, argues Ruth Marcus at the Washington Post.

President Trump tweeted his support for churches seeking FEMA money after Harvey (WaPoReuters).

  • A complaint filed by three churches seeking FEMA money post-Harvey, filed last Monday, can be found here.

 

JUSTICE & SAFETY

In tweeting about North Korea, President Trump must remember that only Congress can declare war, writes Christopher Anders at the ACLU.

 

CHECKS & BALANCES

President Trump must act soon to prevent the Federal Election Commission from shutting down, writes Dave Levinthal at the Center for Public Integrity.

 

RUSSIAN INTERFERENCE

Special Counsel Mueller is wisely “following the money” in the Russian interference investigation, writes John McKay at Lawfare.

A great deal of insight into Donald J. Trump Jr.’s legal strategy can be gained from his statement to Congress, notes Renato Mariotti at Lawfare.

The arguments reportedly made by President Trump’s lawyers, challenging obstruction of justice charges, are quite weak, write Harry Litman and Mark Greenberg at Lawfare.

White House Communications Director Hope Hicks has retained a lawyer in the Russian interference investigation (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