Emory Law News Center

February 2017 In the News Archive | Emory University School of Law

Price discusses Trump travel ban's legal hurdles

Price discusses Trump travel ban's legal hurdles

The Trump administration is struggling to revise its executive order limiting travel to the United States for citizens of seven majority-Muslim countries, McClatchy News reports. A new order needs to address two key aspects to prevent another suspension, Emory Law Professor Polly Price says. It must honor green-card holders' permanent resident status and not apply to the temporary visas of those already here. It also needs a better justification of why these countries are being singled out so it doesn't appear to be based on religion. "It's reasonable to believe that green card holders would have constitutional rights, at least to some degree," she said. However, temporary visitors who haven't yet entered the U.S. "don't have any rights that we can review."

Ani B. Satz

Satz calls for transparency after USDA removes facility inspection reports

"The US Department of Agriculture recently removed all government inspection reports of animal facilities from its website, abolishing transparency of businesses and universities using animals and severely undermining the ability to prevent even the most extreme animal abuse," Emory Law Professor Ani Satz writes for CNN. Some were reposted later, but "reducing public access to inspection reports undermines government accountability and animal protection."

Timothy R. Holbrook

Holbrook: How Trump's DOJ stands on LGBTQ issues

"The Trump administration showed its hand on Friday, when the Department of Justice withdrew its request that a Texas district court lift its stay in a case dealing with access to bathrooms for transgender students," Emory Law Professor Tim Holbrook writes for CNN. "The action by the DOJ in Texas on its face seems minor. In fact, it is quite revealing. LGBTQ rights will not be defended at the federal level. Those in favor of LGBTQ equality will need to defend themselves against efforts in states to ban the use of restrooms and to embrace so-called religious-liberty bills. The fight is now our own. We won't be able to look to this administration for help."

Polly J.  Price

Price quoted by WXIA on impact of ICE raids

Under the Trump Administration, Immigration and Customs Enforcement (ICE) enforcement officers say, they are now authorized to use their discretion to make more arrests than they did under the Obama Administration. Last week, they began an aggressive push to do that. President Trump promises to increase arrests and deportations as soon as he can. There are other considerations, says Emory Law Professor Polly Price. "It's completely dependent on Congress," she tells WXIA, "to add more staff to ICE, to add more staff on the border, and also... to fully staff and add to the immigration courts."

Bloomberg quotes Nash on Pruitt's impact at EPA

Bloomberg quotes Nash on Pruitt's impact at EPA

EPA Director Scott Pruitt's mission to roll back Obama EPA regulations, particularly on climate, could be as simple as rereading the Clean Air Act, Bloomberg News writes. "If confirmed as administrator, Pruitt could revive some of the arguments he had offered against Obama-era EPA regulations, reading new limits on the agency's power that could pass judicial muster," the story says. Nash commented on how using the Chevon rule affects agency policy.

Jonathan R. Nash

Trump isn't the first president to question the judiciary, Nash says

President Donald Trump's derisive comments about judges, including Federal District Judge James Robart, whom he labeled a "so-called judge" have been widely criticized, Emory Law Professor Jonathan Nash writes for The Hill. But Trump is only continuing a trend that began long ago. "Those who are troubled by his comments would do well to address the problem as a whole rather than fixate on the Trump as the sole offender," he writes.

Holbrook in the WSJ: When liberal cities legislate in conservative states

Holbrook in the WSJ: When liberal cities legislate in conservative states

An Arkansas Supreme Court case that questions whether a city can pass laws that exceed a state's existing antidiscrimination protections could be a bellwether on how clashes between liberal cities and conservative states are resolved, Emory Law Professor Tim Holbrook told the Wall Street Journal. "I think at present it's isolated, but it has the potential to grow," Holbrook said of the case's impact. if the state wins, he says, courts elsewhere might also argue that the need for uniformity across cities and counties outweighs cities' and counties' right to pass their own antidiscrimination protections.

Gorsuch's federalism may prevent abuse of power, Volokh says

Gorsuch's federalism may prevent abuse of power, Volokh says

Supreme Court nominee Neil Gorsuch frequently dissents when a court majority seeks to impose federal authority over other governing bodies, says an Associated Press story. Emory Law Associate Professor Alexander Volokh says Gorsuch's views on the power of federal agencies could be particularly important with Donald Trump in the White House. "For anyone who is concerned about abuses of power under Trump," he said, "that sort of person would really welcome a theory that would limit how much authority the agencies would have to say what the statutes mean."

CNN interviews Price about Trump's travel ban

CNN interviews Price about Trump's travel ban

Emory Law professor Polly Price spoke with CNN's Jonathan Mann about the real-life and legal implications of the suspension of President Trump's travel ban. She doesn't expect a quick decision on the merits of the case, calling it an enormously complex issue. However, Trump's argument that his executive order is not subject to judicial review could set up a constitutional conflict, she says.

Fred Smith Jr.

Democrats should give Gorsuch a fair hearing, Smith says

Despite the fact they believe former President Obama was denied his right to appoint the next U.S. Supreme Court justice, Emory Law's Visiting Professor Fred Smith Jr. writes he hopes Democrats will not play tit for tat at confirmation hearings. "Judge Gorsuch is a brilliant jurist. And while I will likely often disagree with him on the rights of the accused, the right scope of extra-textual concepts like 'sovereign immunity,' or how broadly to understand statutes like the Religious Freedom Restoration Act, he should be treated with respect and receive a fair hearing," he says.

Can Trump deny federal funding to Berkeley? No, Volokh says

Can Trump deny federal funding to Berkeley? No, Volokh says

When the University of California, Berkeley canceled an appearance by Breitbart editor Milo Yiannopoulos because of violent protests, President Trump appeared to threaten, via tweet, to cut the college's federal funding. The government can't pull funding by retroactively saying federal money is contingent on protecting free speech, Associate Professor Alexander Volokh told the Chronicle of Higher Education. "If the funding comes explicitly with strings attached, which is that you must adequately protect free speech on your campus if you want these funds, and if the university takes these funds knowing the condition, that's one thing," he said.

Jonathan R. Nash

Nash for The Hill: Gorsuch's interpretation of courts' deference to agencies

There is reason to believe, Emory Law Professor Jonathan Nash writes for The Hill, that Gorsuch's greatest impact (at least in the short-term) will be on the question of how much deference courts should afford agencies when they interpret federal statutes. "Signals from Gorsuch's court of appeals opinions indicate a desire by the judge to restore some measure of judicial supremacy over statutory interpretation," he adds.