Kate Berry, Raquel Dominguez  //  9/13/17  //  Daily Update

The Supreme Court stayed the Ninth Circuit's assured refugee ruling in the travel ban case.  The White House suggested that the DOJ should consider prosecuting former FBI director James Comey.  Reports indicate that White House lawyers debated whether Jared Kushner should step down following the initiation of special counsel Robert Muller’s investigation.



The Supreme Court stayed the Ninth Circuit's assured refugee decision in the travel ban case, writes Amy Howe for SCOTUSblog.

  • The text of the state’s brief opposing that outcome is here.
  • Lyle Denniston analyzes the response on Law News.

The judge overseeing Joseph Arpaio’s case should appoint a special prosecutor to challenge Mr. Arpaio’s pardon, urges Andrew Crespo on Take Care.

  • Douglas Berman, writing for Sentencing Law and Policy, doubts that a court would overturn the pardon.

Thirty-two percent of immigrants with criminal histories deported during President Obama’s final two years had an immigration offense as their most serious conviction, reports César Hernández on Crimmigration.

The California Values Act would safeguard immigrants at risk of deportation during certain activities (Immigration Prof BlogThe Sacramento Bee).

Pope Francis criticized President Trump’s termination of DACA (Newsweek).

  • Mario H. Lopez, writing for the Hill, outlines a pro-DACA argument for Congress.
  • Alfonso Aguilar, writing for the Hill, sees hope for the DACA program in President Trump’s tweets.
  • Bishop Garrison, writing for Just Security, details the effects the termination of DACA could have on veterans and service members.
  • Alex Nowrasteh, writing for CATO, outlines the fiscal case for the DREAM Act.
  • Former secretary of DHS Janet Napolitano explains why she sued over the DACA rescission.

Plaintiffs in DACA lawsuits seeking to rely on President Trump’s anti-immigrant campaign rhetoric face greater obstacles than challengers to the travel ban, argues Michael Dorf at Dorf on Law.

The Supreme Court may reach the merits in the travel ban case if it determines that a similar case would arise in the future, explains Peter Margulies on LawFare.  

  • ACLU Staff summarizes the issues in Trump v. IRAP.



Two senators have proposed an amendment to the National Defense Authorization Act that would block President Trump’s ban on transgender military service members (CNN).

  • Alex Wagner and Richard Eisenberg challenge factual inaccuracies in President Trumps’ order regarding transgender military service members at LawFare.

The HRC has released a report on the Trump Administration’s effect on the LGBTQ community.



Jack Goldsmith ponders whether President Trump will inflict lasting damage on the presidency (Atlantic).

President Trump’s voting commission will consider a proposal to require background checks of all voters (LA TimesKansas City Star).

  • The commission, criticized for its secrecy, held its second meeting (NPR).



Attorney General Jeff Sessions and National Intelligence Director Dan Coats have urged the permanent adoption of Section 702 of the Foreign Intelligence Surveillance Act (Hill).

Russia quietly weakened sanctions against North Korea (WaPoNYTLA Times).

Facebook confirmed that Russia used ads to promote anti-immigrant rallies in the U.S. (Daily Beast).

Advisors to President Trump have recommended a more aggressive U.S. response to Iran’s forces (Reuters).

A coalition of civil liberties and public policy organizations signed open letters to Congress regarding the 1033 program, which gives military gear to local police departments (Cato).

  • The letter to the House can be found here.
  • The letter to the Senate can be found here.



The Malaysian Prime Minister and his delegation stayed in Trump International Hotel in Washington amid ethics concerns about violations of the emoluments clauses (WaPo, Politico).

  • WaPo released a video outlining the emoluments concerns.  



The Consumer Financial Protection Bureau settled litigation and enforcement actions with Zero Parallel, a lead aggregator (Consumer Finance Monitor).

The Energy Department announced funding for infrastructure resilience and cybersecurity projects (The Hill).



The Interior Department’s Office of the Inspector General is investigating reassignment of Senior Executive Service members (WaPo).

Members of the House Foreign Affairs Committee has inquired about the Office of Management and Budget’s role in the reorganization of the State Department and USAID (The Hill).



President Trump could be removed from office for incompetency under the 25th Amendment, writes Eric Posner in the Washington Post.



White House Press Secretary Sarah Huckabee Sanders said that the DOJ should consider prosecuting former FBI director James Comey (WaPo, Politico, The Hill).

White House lawyers debated whether Jared Kushner should step down from his position as advisor to the president following the initiation of Robert Muller’s investigation (WaPo, WSJ).

The Trump campaign has provided documents to Robert Muller’s office as part of the investigation into possible collaboration between the campaign and Russia (The Hill).

Daily Update | September 22, 2017

9/22/17  //  Daily Update

Reports emerge about controversial document requests by Special Counsel Robert Mueller. The President is reportedly reviewing a security report that may serve as the basis of a new or revised Muslim travel ban.

Hanna St. Marie

Columbia Law School,

Daily Update | September 21, 2017

9/21/17  //  Daily Update

Due to concerns about processing 50,000 applications, the Department of Homeland Security has recommended cutting the number of refugees allowed into the country in 2018 to 40,000. Trump says he has made a decision on the Iran deal, but has not announced the decision. Citizens for Responsibility and Ethics in Washington (CREW) and other watchdog groups filed a motion seeking a federal court order requiring the Trump Administration to explain the decision to withhold visitor logs from Mar-a-Lago. President Trump endorsed the Graham-Cassidy healthcare bill, the latest effort to repeal the Affordable Care Act. Special Counsel Robert Mueller has requested from the White House documents about the firings of former F.B.I. director James Comey and former national security adviser Michael Flynn.

Jacqueline Sahlberg

Harvard Law School

Daily Update | September 20, 2017

9/20/17  //  Daily Update

Additional briefs are filed in the Supreme Court in the travel ban case, and commentary ensues. Reports emerge about close industry ties for several of the President's pending nominees. And the Senate confirms a new Solicitor General in a close vote.