Steven Davidoff Solomon writes for The New York Times, Feb. 14, 2017
The Op-Ed article was so over the top in its attacks on Mr. Schwarzman and private equity that it obscured some very valid points.
Courts likely to probe Trump’s intent in issuing travel ban
John Yoo quoted by The Gazette, Feb. 14, 2017
“The idea of looking at motive has never really been applied to the president,” said John Yoo. … “It would represent a serious expansion of judicial oversight of what the president and the entire executive branch does.”
‘We had to sue’: the five lawyers taking on China’s authorities over smog
Rachel Stern quoted by The Guardian, Feb. 13, 2017
“This lawsuit on this topic at this moment in history is going to be an uphill battle,” says Rachel Stern, author of Environmental Litigation in China: A Study in Political Ambivalence. “I would be surprised if this lawsuit is successful, and if I were betting, I don’t even think it will get accepted by the court.”
MDL v. Trump
Andrew Bradt co-writes for Dorf on Law, Feb. 13, 2017
Although MDLs are commonly thought of as tools to resolve mass torts, there seems to be nothing in the statute that would prevent its use in public-law cases like the one involving Trump’s executive order. And one might imagine reasons why the parties on both sides of the “v” and the involved judges might want to try it.
A new generation of human rights investigators turns to high-tech methods
Alexa Koenig interviewed by PBS Newshour, Feb. 13, 2017
One of the biggest hurdles about using these new methods is that they are so new. … One of the things we’re hoping to do for kind of investing in the long-term use of these methods is just begin to build an international standard for how to evaluate what constitutes an effective and a good investigation.
Trump’s ‘so-called’ judgment
John Yoo co-writes for The Wall Street Journal, Feb. 12, 2017
Questioning judicial decisions, and even the judiciary’s legitimacy, is entirely proper. But a wise president will reserve such attacks for extraordinary matters of state involving the highest constitutional principles. To do otherwise risks dissipating the executive’s energy, weakening the president’s agenda, and wasting his political capital.
Does Trump have the authority to ‘send in the feds’ to Chicago?
John Yoo quoted by Chicago Tribune, Feb. 12, 2017
“Simple murder is not a violation of federal law,” he said. “I don’t think the conditions in Chicago have any relationship to federal law.” The only way Chicago’s situation could possibly fall under the Insurrection Act, Yoo said, is if the murders also violated some aspect of federal law, such as acts committed by drug cartels or terrorists.
The Ninth Circuit Ruling
John Yoo interviewed by WSJ Video: Opinion Journal, Feb. 10, 2017
Essentially, all the Ninth Circuit did was refuse to block a lower trial court judge’s decision that we have to suspend the order so that people aren’t harmed, while the courts take a longer, more normal, deliberate look.”
Fight over immigration ban continues
Melissa Murray interviewed by KQED-TV News, Feb. 10, 2017
“On appeal to the Supreme Court, it’s the same set of questions: whether the government has met its burden to show that the ban should be reinstated, or whether challenger states have shown that there’s a good reason to withhold enforcement of the ban while more information is gathered. … It won’t be the kind of elaborate discussion of merits you would ordinarily see in a case that is squarely about the constitutionality of the order. … In the event that the president wants an order quickly, the Supreme Court might not be the way to go.”
Why the 9th Circuit Court is such an attractive target for Republican lawmakers
Andrew Bradt interviewed by KPCC-FM, Feb. 10, 2017
“In the near-term, the California part of the 9th Circuit at least, and maybe Washington and Oregon, would still be places where there would be courts in which to challenge President Trump’s orders. In the long term, breaking up the 9th Circuit and reducing its power would certainly reduce the liberal counterweight effect that the court is sometimes able to play.”