Legal Insight 2025/09/29 12:53
Democratic and Republican congressional leaders are heading to the White House for a meeting with President Donald Trump on Monday in a late effort to avoid a government shutdown, but both sides have shown hardly any willingness to budge from their entrenched positions.
If government funding legislation isn’t passed by Congress and signed by Trump on Tuesday night, many government offices across the nation will be temporarily shuttered and nonexempt federal employees will be furloughed, adding to the strain on workers and the nation’s economy.
Trump, ahead of the meeting, made it clear he had no intention to negotiate on Democrats’ current terms.
“They’re going to have to do some things because their ideas are not very good ones,” the president said Monday.
Republicans are daring Democrats to vote against legislation that would keep government funding mostly at current levels, but Democrats have held firm. They’re using one of their few points of leverage to demand Congress take up legislation to extend health care benefits.
“We finally got our meeting. We hope they’re serious about getting something real done on health care,” Senate Democratic leader Chuck Schumer said as he departed the Capitol for the White House.
Trump has shown little interest in entertaining Democrats’ demands on health care, even as he agreed to hold a sit-down meeting Monday with Schumer, along with Senate Majority Leader John Thune, House Speaker Mike Johnson and House Democratic leader Hakeem Jeffries. The Republican president has said repeatedly he fully expects the government to enter a shutdown this week.
“If it has to shut down, it’ll have to shut down,” Trump said Friday. “But they’re the ones that are shutting down government.”
The Trump administration has tried to pressure Democratic lawmakers into backing away from their demands, warning that federal employees could be permanently laid off in a funding lapse.
“Chuck Schumer said a few months ago that a government shutdown would be chaotic, harmful and painful. He’s right, and that’s why we shouldn’t do it,” Thune, a South Dakota Republican, said Sunday on NBC’s “Meet the Press.”
Still, Democrats argued Trump’s agreement to hold a meeting shows he’s feeling the pressure to negotiate. They say that because Republicans control the White House and Congress, Americans will mostly blame them for any government shutdown.
Democrats are pushing for an extension to Affordable Care Act tax credits that have subsidized health insurance for millions of people since the COVID-19 pandemic. The credits, which are designed to expand coverage for low- and middle-income people, are set to expire at the end of the year.
At a Monday news conference, Jeffries, a New York Democrat, called health care cuts a “five-alarm fire” that is rippling across communities nationwide.
“We’re not going to simply go along to get along with a Republican bill that continues to gut the health care of everyday Americans who are already living with this Trump economy, where costs aren’t going down but they’re going up,” he said.
The pandemic-era ACA subsidies are set to expire in a matter of months if Congress fails to act.
Some Republicans are open to extending the tax credits but want changes. Thune said Sunday that the program is “desperately in need of reform” and Republicans want to address “waste, fraud and abuse.” He has pressed Democrats to vote for the funding bill and take up the debate on tax credits later.
It remains to be seen whether the White House meeting will help or hurt the chances for a resolution. Negotiations between Trump and Democratic congressional leaders have rarely gone well, and Trump has had little contact with the opposing party during his second term.
The most recent negotiation in August between Schumer and the president to speed the pace of Senate confirmation votes for administration officials ended with Trump telling Schumer to “go to hell” in a social media post.

Legal Insight 2025/09/17 12:55
The Senate rejected competing measures on Friday to fund federal agencies for a few weeks when the new budget year begins on Oct. 1, increasing prospects for a partial government shutdown on that date.
Leaders of the two parties sought to blame the other side for the standoff. Democrats accused Republicans of not negotiating with them to address some of their priorities on health care as part of the funding measure, even though they knew Democratic votes would be needed to get a bill to the president’s desk.
Republicans said Democrats were making demands that would dramatically increase spending and were not germane to the core issue of keeping agencies fully running for a short period of time while negotiations continued on a full-year spending package.
It’s unclear how the two sides will be able to avoid a shutdown. Republicans are planning on what amounts to a do-over vote on their proposal close to the deadline in the hopes that more Democrats will have second thoughts. Democrats are repeating their demand that Republicans sit down with them and work on a compromise.
“The theater must end,” Senate Democratic Leader Chuck Schumer, D-N.Y., said after the vote. “Let’s sit down and negotiate.”
Senate Majority Leader John Thune, R-S.D., gave no indication of a change in course.
“All it takes is a handful of Democrats to join the Republicans in keeping the government open and funded, and to ensure we have a chance to get the appropriations process completed in the way it was intended,” Thune said.
The Senate action came after the House earlier in the day passed the Republican-led funding bill. The measure would extend government funding generally at current levels for seven weeks. The bill would also add about $88 million in security funding for lawmakers and members of the Supreme Court and executive branch in the wake of the assassination of conservative activist Charlie Kirk.
The vote was 217-212. Rep. Jared Golden of Maine was the lone Democratic member to support the bill. Rep. Marie Gluesenkamp Perez, D-Wash., also said she tried to vote for the bill but was not recognized by the presiding officer. She was listed officially as not voting.
House Speaker Mike Johnson of Louisiana said he knew he had few votes to spare as he sought to persuade fellow Republicans to vote for the funding patch, something many in his conference have routinely opposed in past budget fights. But this time, GOP members saw a chance to portray the Democrats as responsible for a shutdown.
“The ball is in Chuck Schumer’s court. I hope he does the right thing. I hope he does not choose to shut the government down and inflict pain on the American people,” Johnson said.
President Donald Trump had urged House Republicans to pass the bill and put the burden on Democrats to oppose it. GOP leaders often need Trump’s help to win over holdouts on legislation.
Trump predicted Friday that there could be “a closed country for a period of time.” He said the government will continue to “take care” of the military and Social Security payments in a closure.
Democratic leader Hakeem Jeffries, D-N.Y., said that in opposing the continuing resolution, Democrats were working to protect the health care of the American people. He said that with Republicans controlling the White House and both branches of Congress, “Republicans will own a government shutdown. Period. Full stop.”
The Senate moved quickly after the House vote to take up the measure plus the Democratic counter. Both bills fell far short of the 60 votes required for passage.
The Democratic proposal would extend enhanced health insurance subsidies set to expire at the end of the year, plus reverse Medicaid cuts that were included in Republicans’ big tax breaks and spending cuts bill enacted earlier this year.
The Democratic measure actually received more votes than the Republican one due to absences. The 47-45 vote went strictly along party lines.
“The American people will look at what Republicans are doing, look at what Democrats are doing, and it will be clear that public sentiment will be on our side,” Schumer said.
The Republican measure gained 44 votes, including from Democratic Sen. John Fetterman of Pennsylvania. But 48 voted against it, including two Republicans, Sens. Rand Paul of Kentucky and Lisa Murkowski of Alaska.

Legal Insight 2025/08/08 06:19
The Trump administration on Thursday asked the Supreme Court to halt a court order restricting immigration stops that swept up at least two U.S. citizens in Southern California.
The emergency petition comes after an appeals court refused to lift a temporary restraining order barring authorities from stopping or arresting people based solely on factors like what language speak or where they work.
The move is the latest in a string of emergency appeals from the Trump administration to the high court, which has recently sided with the Republican president in a number of high-profile cases.
The Justice Department argued that federal agents are allowed to consider those factors when ramping up enforcement of immigration laws in Los Angeles, an area it considers a “top enforcement priority.”
Trump officials asked the justices to immediately halt the order from U.S. District Judge Maame E. Frimpong in Los Angeles. She found a “mountain of evidence” that enforcement tactics were violating the U.S. Constitution in what the plaintiffs called “roving patrols.”
Her ruling came in a lawsuit filed by immigrant advocacy groups who accused President Donald Trump’s administration of systematically targeting brown-skinned people in Southern California during the administration’s crackdown on illegal immigration.
Trump’s Solicitor General D. John Sauer asked the justices to immediately halt Frimpong’s order, arguing that it puts a “straitjacket” on agents in an area with a large number of people in the U.S. illegally.
“No one thinks that speaking Spanish or working in construction always creates reasonable suspicion ... But in many situations, such factors—alone or in combination—can heighten the likelihood that someone is unlawfully present in the United States,” Sauer wrote.
He also argued that the order “flouted” a recent Supreme Court decision restricting judges from handing down universal injunctions, since it restricted stops in the entire region rather than only the plaintiffs.
Department of Homeland Security attorneys have said immigration officers target people based on illegal presence in the U.S., not skin color, race or ethnicity.
The order from Frimpong, who was nominated by Democratic President Joe Biden, bars authorities from using factors like apparent race or ethnicity, speaking Spanish or English with an accent, presence at a location such as a tow yard or car wash, or someone’s occupation as the only basis for reasonable suspicion for detention.
The Los Angeles region has been a battleground for the Trump administration after its aggressive immigration strategy spurred protests and the deployment of the National Guards and Marines for several weeks.
Plaintiffs on the lawsuit before Frimpong included three detained immigrants and two U.S. citizens. One was Los Angeles resident Brian Gavidia, who was shown in a June 13 video being seized by federal agents as he yelled, “I was born here in the states, East LA bro!”
He was released about 20 minutes later after showing agents his identification, as was another citizen stopped at a car wash, according to the lawsuit.

Legal Insight 2025/07/02 10:22
The International Criminal Court has been targeted by a “sophisticated” cyberattack and is taking measures to limit any damage, the global tribunal announced Monday.
The ICC, which also was hit by a cyberattack in 2023, said the latest incident had been contained but did not elaborate further on the impact or possible motive.
“A Court-wide impact analysis is being carried out, and steps are already being taken to mitigate any effects of the incident,” the court said in a statement.
The incident happened in the same week that The Hague hosted a summit of 32 NATO leaders at a conference center near the court amid tight security including measures to guard against cyberattacks.
The court declined to say whether any confidential information had been compromised.
The ICC has a number of high-profile investigations and preliminary inquiries underway in nations around the world and has in the past been the target of espionage.
In 2022, a Dutch intelligence agency said it had foiled a plot by a Russian spy using a false Brazilian identity to work as an intern at the court, which is investigating allegations of Russian war crimes in Ukraine and has issued a war crimes arrest warrant for President Vladimir Putin, accusing him of personal responsibility for the abductions of children from Ukraine.
Arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, over Israel’s campaign against Hamas in Gaza have also drawn ire. U.S. President Donald Trump slapped sanctions on its chief prosecutor, Karim Khan, in February and earlier this month also sanctioned four judges at the court.
The court is still feeling the effects of the last cyberattack, with wifi still not completely restored to its purpose-built headquarters.

Legal Insight 2025/04/30 06:33
Louisiana Attorney General Liz Murrill is pushing forward with her efforts to force Orleans Parish Sheriff Susan Hutson to drop a longtime policy that generally prohibits deputies from directly engaging in federal immigration enforcement within the city’s jail.
In legal filings, Murrill claims that the policy — which the state characterizes as a so-called “sanctuary city” policy — is in direct conflict with a newly passed state law that requires state and local law enforcement agencies to cooperate with federal immigration agencies.
“The consent decree now sits fundamentally at odds with state law as applicable to immigration detainers,” Murrill said in court documents filed Friday.
A federal court will now determine whether to allow the state of Louisiana to join a 2011 federal suit that resulted in the policy and whether to throw out the policy altogether. A hearing has been set for April 30.
The state’s campaign against “sanctuary” policies comes as President Donald Trump is pushing local law enforcement agencies to join the federal government in his promised immigration crackdown. Since his inauguration, Trump has ordered the U.S. Department of Homeland Security to push for more partnerships between local law enforcement units and federal immigration agencies. A few have already signed up. Louisiana Gov. Jeff Landry, a longtime immigration hardliner and Trump ally, has worked with Republican lawmakers in the state to enact laws that encourage those collaborations.
As attorney general, Landry criticized a policy adopted by the New Orleans Police Department, under a long-running federal consent decree that blocks officers from enforcing immigration laws.
Neither Murrill’s office nor representatives for U.S. Immigration and Customs Enforcement responded to requests for comment.
In court filings, Murrill said Hutson “does not oppose the (state’s) intervention” in the case.” But a spokesperson for Hutson said that’s not exactly true. “It’s more accurate that we take no position regarding the state intervention,” a Sheriff’s Office spokesperson said in an emailed statement on Wednesday.
While she has not taken a position for or against increased collaboration with ICE, in an interview with Fox 8 in December, Hutson noted that the jail’s resources were far too stretched to take on immigration enforcement.
The sheriff’s policy stems from a 2013 federal court settlement in a civil rights case involving two New Orleans construction workers picked up on minor charges in 2009 and 2010. Mario Cacho and Antonio Ocampo sued after they were allegedly illegally held in the city’s jail past the completion of their sentences. The two were held at the request of U.S. Immigration and Customs Enforcement. The agency issues such “detainer” requests to local law enforcement agencies, asking them to hold onto arrestees who are suspected of immigration violations. Local agencies are only supposed to honor the hold requests for 48 hours, after which they should let detainees free. But in 2009 and 2010, then-Sheriff Marlin Gusman detained Cacho and Ocampo for months, according to legal filings in their case against the office.
Ocampo and Cacho settled the case with the Sheriff’s Office in 2013, and Gusman agreed to adopt a new policy on immigration investigations. The resulting policy blocks the agency from investigating immigration violations and from detaining immigrants for ICE without a court order, except in certain cases where they are facing charges for a small number of serious violent crimes.

Legal Insight 2025/04/25 07:46
A judge on Thursday blocked the Trump administration from immediately enacting certain changes to how federal elections are run, including adding a proof-of-citizenship requirement to the federal voter registration form.
The decision is a setback for President Donald Trump, who has argued the requirement is needed to restore public confidence in elections. But the judge allowed other parts of Trump’s sweeping executive order on U.S. elections to go forward for now, including a directive to tighten mail ballot deadlines around the country.
Trump’s March executive order overhauling how U.S. elections are run prompted swift lawsuits from the League of United Latin American Citizens, the League of Women Voters Education Fund, the Democratic National Committee and others, who called it unconstitutional.
U.S. District Judge Colleen Kollar-Kotelly in Washington sided with voting rights groups and Democrats, saying that the Constitution gives the power to regulate federal elections to states and Congress — not the president. She noted federal lawmakers are currently working on their own legislation to require proof of citizenship to vote.
In a 120-page decision on Thursday, she said the plaintiffs had proven that the proof-of-citizenship requirement would cause their clients irreparable harm and go against the public interest, while the government had offered “almost no defense of the President’s order on the merits.”
Accordingly, she granted a preliminary injunction to stop the citizenship requirement from moving forward while the lawsuit plays out.
The judge also blocked part of the Republican president’s order requiring public assistance enrollees to have their citizenship assessed before getting access to the federal voter registration form.
But she denied other requests from a group of Democratic plaintiffs, including refusing to block Trump’s order to require all mailed ballots to be received by Election Day nationwide. She also did not touch Trump’s order to open certain databases to billionaire Elon Musk’s Department of Government Efficiency to allow it to review state voter lists to search for noncitizens. The judge said those arguments brought by Democrats were either premature or should be brought by states instead.
The plaintiffs had argued Trump’s proof-of-citizenship requirement violated the Constitution’s so-called Elections Clause, which gives states and Congress the authority to determine how elections are run.
They also argued that Trump’s order asserts power that he does not have over an independent agency. That agency, the U.S. Election Assistance Commission, sets voluntary voting system guidelines and maintains the federal voter registration form.
