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News@Law, 02/14/2017

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
Trump’s Legal Options in Travel Ban Case
Shortly after Thursday’s appeals court decision blocking his travel ban, President Trump vowed to fight on. “SEE YOU IN COURT,” he wrote on Twitter. But which court? Here is a look at Mr. Trump’s options...Richard J. Lazarus, a law professor at Harvard, said the justices should take a different approach in this case if the administration files an emergency application, recalling that the court heard arguments in very short order when the Nixon administration in 1971 unsuccessfully sought to block The New York Times and The Washington Post from publishing a secret history of the Vietnam War. “The court should receive briefs from both sides, hear oral argument, deliberate among themselves in person and then decide,” Professor Lazarus said. “They can do so quickly, as they have done in the past, for example in the Pentagon Papers case.”
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Associated Press
Supreme Court Justice Breyer talks art — in French
U.S. Supreme Court Justice Stephen Breyer has given a talk — entirely in French — about the artistry of courtroom sketches. Breyer spoke in French on Monday during the hour-long forum at the French Cultural Center in Boston. The event was a dialogue with artist Noëlle Herrenschmidt, who draws courtroom scenes in France. Holger Spamann, a Harvard Law School professor who attended the talk, says Breyer also made a case for the professionalism of judges and the importance of their detachment from politics.
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Politics as Usual
An article by Dahlia Lithwick and Jack Goldsmith. One of the central questions animating Jeff Sessions’ bid to be the attorney general of the United States was an abiding sense that—having worked closely with the Trump campaign and having given legal cover to some of Donald Trump’s most radical ideas—he could not be truly independent of the president. Before he was confirmed, Senate Democrats questioned Sessions repeatedly on whether he was capable of acting as an independent check on the executive branch, and Sessions repeated over and over again that he believed he could be. In some sense this debate obscured a deeper truth: The attorney general has a dual and complicated role with respect to the president, and it’s always been a fraught proposition to demand perfect independence. In 2007, Dahlia Lithwick and Jack Goldsmith, responding to a very different attorney general and very different questions about independence, attempted to explain why the relationship isn’t a simple one and how cures nevertheless exist. The original is below.
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Lawsuit aims to force USDA to repost scrubbed animal welfare records
Put the records back on the internet. That’s the demand made in a lawsuit filed today against the U.S. Department of Agriculture (USDA) by an animal law expert at Harvard University, together with the People for the Ethical Treatment of Animals (PETA) and several other animal welfare groups. The plaintiffs allege that USDA violated the federal Freedom of Information Act (FOIA) earlier this month when it removed thousands of animal welfare inspection reports and other records from a publicly accessible website. “Our lawsuit seeks to compel the USDA to reinstate the records, which it had no right to remove from its website in the first place,” said Delcianna Winders, currently the Academic Fellow of the Harvard Animal Law & Policy Program, in a statement. “The government should not be in the business of hiding animal abusers and lawbreakers from public scrutiny."
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