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News@Law, 01/23/2017

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Today's News

The New York Times
Foreign Payments to Trump Firms Violate Constitution, Suit Will Claim
A team of prominent constitutional scholars, Supreme Court litigators and former White House ethics lawyers intends to file a lawsuit Monday morning alleging that President Trump is violating the Constitution by allowing his hotels and other business operations to accept payments from foreign governments...The legal team filing the lawsuit includes Laurence H. Tribe, a Harvard constitutional scholar; Norman L. Eisen, an Obama administration ethics lawyer; and Erwin Chemerinsky, the dean of the law school at the University of California, Irvine. Among the others are Richard W. Painter, an ethics counsel in the administration of George W. Bush; Mr. Gupta, a Supreme Court litigator who has three cases pending before the court; and Zephyr Teachout, a Fordham University law professor and former congressional candidate who has been studying and writing about the Emoluments Clause for nearly a decade.
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The New York Times
Why Obama Struggled at Court, and Trump May Strain to Do Better
President Barack Obama won a series of major cases before the Supreme Court on health care, gay rights, affirmative action and abortion, helping to preserve significant parts of his legacy. But, over hundreds of cases in eight years, his reception at the court, on the whole, was chilly...Richard Lazarus, a law professor at Harvard who served in the solicitor general’s office and has studied the rise of the private Supreme Court bar, agreed. “The solicitor general’s office, and therefore the president, still has terrific lawyers but has lost its comparative advantage,” he said. “And its loss of comparative advantage in expertise during the past three decades has likely decreased at a rate that fairly approximates the decrease in its win rate.”
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The Boston Globe
A grudging admiration for Trump’s speech
An op-ed by Randall Kennedy. I am appalled by Donald J. Trump, particularly his willingness to elicit and exploit destructive social prejudices, including sexism, racism, and nativism. I see his ascension to power as a threat to the best features of American life. I applaud those who have committed themselves to resistance to Trumpism. Here I think especially of those, like Representatives Katherine Clark and Mike Capuano, who, at some risk, defied tradition and refused to attend the inauguration as a protest against the incoming president. Still, I must confess a certain grudging admiration for Trump’s performance of his inaugural address even as I loathe the baleful politics that his words simultaneously obscure and announce. Trump’s address was succinct, only 17 minutes, and benefited from the channeling of attention that brevity facilitates.
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Bloomberg
Why Trump’s First 50 Days Are Decisive
An op-ed by Cass Sunstein. Since Franklin Delano Roosevelt’s New Deal, Americans have thought that for any new president, the first 100 days are critical, because he has a honeymoon period in which Congress will do what he wants. But in the modern era, the first 50 days are the defining ones. That’s when the new executive branch is just taking shape, and the White House has maximal discretion to act entirely on its own -- and to turn the government in its preferred directions. The Trump administration seems primed to exercise that discretion. But in a few months, it is likely to slow down, and for identifiable reasons.
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BuzzFeed
Trump’s First 100 Day Promise On Climate Change Will Take Longer Than He Wants
One of Donald Trump’s first acts as president was to announce a rollback of two Obama administration environmental efforts, one to protect waterways from pollution and the other to curb heat-trapping gases in the planet’s atmosphere. But while the Trump administration made the announcement on day one of his presidency, it may be years before his wishes can come to fruition, legal experts say. “He cannot roll all this back with the stroke of a pen,” Jody Freeman, professor and founding director of the Environmental Law and Policy Program at Harvard Law School, told BuzzFeed News.
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Bloomberg
Trump Turns a JFK Phrase Against His Message
An op-ed by Noah Feldman. The crucial passage in President Donald Trump’s inaugural address Friday tracked John F. Kennedy’s swearing-in speech, with one huge difference: Trump’s America First message was 180 degrees away from Kennedy’s Cold War embrace of global leadership. The combination of homage to Kennedy and subversion of his liberal internationalist vision tells you a lot about what Trump’s presidency is going to look like -- much more than the populist rhetoric about giving America back to the people.
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NBC News
Roe v. Wade Attorney: Trump Is Biggest Threat Yet to Reproductive Rights
Forty-four years ago, the Supreme Court made a surprise ruling in favor of a young attorney, declaring abortion legal nationwide. Sarah Weddington, the lawyer who argued Roe v. Wade, says now that her legacy — and the law itself— has never been more at risk. ..."There's no immediate threat to Roe v. Wade, even with a single Trump appointment to the court, but in the long run, with the possibility of a second or third Trump appointment, there is a substantial threat to the core of Roe v. Wade," Mark Tushnet, a professor at Harvard Law School, told NBC News.
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The Washington Post
The first lawsuit: What can we learn about Trump’s income?
The New York Times reported Sunday evening on the first of likely many lawsuits attacking President Trump’s apparent violation of the Emoluments Clause...The ACLU, which already filed a Freedom of Information Act request for any documents relating to Trump’s potential conflicts, reportedly is seeking entities more directly harmed (for example, a hotel competitor) for a separate suit...[Laurence] Tribe told Right Turn that if Hotel X in competition with Trump has to negotiate arm’s-length leases while Trump does not, then “there’s a good argument that both Hotel X and its employees are at a competitive disadvantage caused by Trump’s cozy violation of the terms forbidding leasing of that federal building to a federal official, which obviously includes POTUS Trump.”
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Bloomberg
Turkey’s New Constitution Would End Its Democracy
An op-ed by Noah Feldman. With all eyes on the U.S. as it inaugurates a new leader, Turkey is preparing to amend its constitution to make its president even more powerful than the American executive. There’s nothing inherently wrong with replacing parliamentary government with a presidential system. The problem is timing and context: Turkey’s proposed changes, which will go to a national referendum after being approved by parliament, follow the unsuccessful coup against increasingly autocratic President Recep Tayyip Erdogan.
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