Morning Docket: 04.25.18

* The Supreme Court will hear oral arguments today on the Trump travel ban case. What's at stake here, aside from the high court potentially allowing the travel ban to become permanent? The legacy of the Roberts Court also hangs in the balance. A decision upholding the ban could very well be the next Dred Scott, Plessy, or Korematsu, and forever marring this Court's record. [Take Care] * Is AG Jeff Sessions recusing himself from the investigation into Michael Cohen, or isn't he? According to the DOJ, Sessions isn't involved in any investigations "related in any way to the campaigns for president," but according to news sources, he hasn't decided to recuse himself from the Cohen probe quite yet. [Politico; Bloomberg] * Judge John Bates of the District of Columbia has ruled that the Trump administration's decision to end the DACA program was "arbitrary and capricious" and "virtually unexplained," and therefore "unlawful." Judge Bates ordered that the government must not only continue DACA, but accept new applicants. He stayed his ruling for 90 days to give DHS a chance to explain itself. [Washington Post] * Kyle Duncan, President Trump's fifteenth federal appeals court nominee who's known for litigating disputes involving voter ID requirements, same-sex marriage bans, transgender bathroom access, and the Affordable Care Act's contraceptive mandate, was very narrowly confirmed to the Fifth Circuit. [Big Law Business] * According to the Harvard Law Women's Law Association, there's a glass ceiling at the school. The faculty is "overwhelmingly male," and the administration is "turning a blind eye" to the success of women once they're enrolled. Something has to change so women can achieve as much success as their male classmates. [Harvard Law Record]

* The Supreme Court will hear oral arguments today on the Trump travel ban case. What’s at stake here, aside from the high court potentially allowing the travel ban to become permanent? The legacy of the Roberts Court also hangs in the balance. A decision upholding the ban could very well be the next Dred Scott, Plessy, or Korematsu, and forever marring this Court’s record. [Take Care]

* Is AG Jeff Sessions recusing himself from the investigation into Michael Cohen, or isn’t he? According to the DOJ, Sessions isn’t involved in any investigations “related in any way to the campaigns for president,” but according to news sources, he hasn’t decided to recuse himself from the Cohen probe quite yet. [Politico; Bloomberg]

* Judge John Bates of the District of Columbia has ruled that the Trump administration’s decision to end the DACA program was “arbitrary and capricious” and “virtually unexplained,” and therefore “unlawful.” Judge Bates ordered that the government must not only continue DACA, but accept new applicants. He stayed his ruling for 90 days to give DHS a chance to explain itself. [Washington Post]

* Kyle Duncan, President Trump’s fifteenth federal appeals court nominee who’s known for litigating disputes involving voter ID requirements, same-sex marriage bans, transgender bathroom access, and the Affordable Care Act’s contraceptive mandate, was very narrowly confirmed to the Fifth Circuit. [Big Law Business]

* According to the Harvard Law Women’s Law Association, there’s a glass ceiling at the school. The faculty is “overwhelmingly male,” and the administration is “turning a blind eye” to the success of women once they’re enrolled. Something has to change so women can achieve as much success as their male classmates. [Harvard Law Record]


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Staci ZaretskyStaci Zaretsky has been an editor at Above the Law since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

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