Daily Update | September 12, 2017
Jacqueline Sahlberg, Ian Eppler // 9/12/17 //
The Supreme Court granted the Trump administration’s emergency request to stay the Ninth Circuit’s travel ban ruling, which would enable about 24,000 refugees with formal assurances from U.S. resettlement agencies to enter the country. Attorneys General from California, Maine, Minnesota and Maryland have filed suit in federal district court for the Northern District of California alleging that President Trump violated the Constitution when the administration ended DACA. A bipartisan group of senators released legislation to block the Trump administration’s proposal to prohibit transgender people from serving in the military. Two advocacy groups have filed briefs arguing that President Trump’s pardon of former Maricopa County Sheriff Joe Arpaio is unconstitutional.
IMMIGRATION
The Supreme Court granted the Trump administration’s emergency request to stay the Ninth Circuit’s travel ban ruling, which would enable about 24,000 refugees with formal assurances from U.S. resettlement agencies to enter the country (WaPo, NYT, The Hill).
Attorneys General from California, Maine, Minnesota and Maryland have filed suit in federal district court for the Northern District of California alleging that President Trump violated the Constitution when the administration ended DACA (LA Times, Politico).
- The complaint can be found here.
CIVIL RIGHTS
Through changes in regulation and approaches to litigation, the Trump administration is promoting socially conservative policies, write Ben Protess, Danielle Ivory, and Steve Eder in the New York Times.
A bipartisan group of senators released legislation to block the Trump administration’s proposal to prohibit transgender people from serving in the military (The Hill).
With the Equal Employment Opportunity Commission and the Justice Department advocating different Title VII interpretations, the Trump administration’s argument that Title VII does not ban discrimination based on sexual orientation could backfire, writes Alison Frankel at Reuters.
JUSTICE & SAFETY
Attorney General Jeff Sessions and Director of National Intelligence Dan Coats have asked Congress to permanently reauthorize the controversial Section 702 surveillance program (The Hill).
The Senate Appropriations Committee restored nearly $11 billion in funds for the State Department and foreign aid that were cut in President Trump’s proposed budget (Just Security).
REGULATION
Many scientists and local political leaders are concerned about the Trump administration’s refusal to address climate change in the wake of Hurricanes Harvey and Irma, writes Lisa Friedman in the New York Times.
The Department of Health and Human Services will decide this week whether to continue grants for the “navigator” program authorized by the Affordable Care Act (The Hill).
RULE OF LAW
Two advocacy groups have filed briefs arguing that President Trump’s pardon of former Maricopa County Sheriff Joe Arpaio is unconstitutional (Politico).
- A brief by the MacArthur Justice Center is available here.
- A brief by the Protect Democracy Project is available here.
- However, the Department of Justice argues that President Trump’s power to pardon Arpaio is absolute (WaPo).
CHECKS & BALANCES
A recent article by Sanford Levinson and Mark Graber suggesting that courts should be less deferential to an incompetent president raises several theoretical and practical concerns, argues Eric Posner at his eponymous blog.
- The Levinson and Graber article is available here.
REMOVAL FROM OFFICE
A law providing for a special election in the event that President Trump and Vice President Pence are impeached would be constitutional, but such a law would be inadvisable, argues Richard Primus at Take Care.
RUSSIAN INTERFERENCE
Special Counsel Robert Mueller may have to consider the decision of whether to grant President Trump immunity in order to compel him to testify before a grand jury regarding Russian interference, notes Bennett Gershman at The Daily Beast.
Facebook ads purchased by a Russian entity in conjunction with the 2016 election may have violated US election law, reports Debra Cassens Weiss at ABA Journal.
In order to protect its investigation, the FBI should consider declining to reveal information about Russian interference to the House Intelligence Committee, given the committee’s penchant for politically motivated disclosures, argues Asha Rangappa at The Hill.