Antiquities Act

Legal scholars dispute whether monuments are permanent

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No president has ever abolished a national monument, and it has been more than 50 years since a president shrank one. Nor has Congress revoked any significant monuments. The high regard given these special places is part of what makes President Donald Trump’s order to review all large monuments designated since 1996 so extraordinary. Courts have never decided whether a president has the legal authority to change or undo a designated monument, and now this uncertainty has sparked a clash of legal titans. A multitude of legal experts — including 121 law professors — argue that presidents lack the power to alter or revoke monuments.

environmental justice

Has the moment for environmental justice been lost?

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Given how President Donald Trump has taken aim at the Environmental Protection Agency with regulatory rollbacks and deep proposed budget cuts, it may come as no surprise that the Office of Environmental Justice is on the chopping block. This tiny corner of the EPA was established 24 years ago to advocate for minorities and the poor, populations most likely to face the consequences of pollution and least able to advocate for themselves. It does so by acting as a middleman, connecting vulnerable communities with those who can help them. It heads a group that advises EPA officials about injustices and another that brings together representatives from other federal agencies and the White House to swap proposals. When it works, all the talk leads to grants, policies and programs that change lives.

Abortion

Boyd: Risks grew worse after Roe v. Wade

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Though Dr. Curtis Boyd spent five years before Roe v. Wade risking time in jail and his medical license by performing abortions, he says things got worse after the landmark ruling legalizing abortion across the country. At first, he says the anti-abortion movement wasn’t given much credence. But he points to the election of Ronald Reagan and the Republican Party’s embrace of a stance against abortion access as a turning point. During the 1980s, Boyd says protesters often swarmed his car to block his exit from the clinic parking lot. His staff, eyewitnesses to the protests, would call the cops to intervene.

Al Gore

Trump has secretive teams to roll back regulations, led by hires with deep industry ties

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President Trump entered office pledging to cut red tape, and within weeks, he ordered his administration to assemble teams to aggressively scale back government regulations. But the effort — a signature theme in Trump’s populist campaign for the White House — is being conducted in large part out of public view and often by political appointees with deep industry ties and potential conflicts. Most government agencies have declined to disclose information about their deregulation teams. But ProPublica and The New York Times identified 71 appointees, including 28 with potential conflicts, through interviews, public records and documents obtained under the Freedom of Information Act. Some appointees are reviewing rules their previous employers sought to weaken or kill, and at least two may be positioned to profit if certain regulations are undone. The appointees include lawyers who have represented businesses in cases against government regulators, staff members of political dark money groups, employees of industry-funded organizations opposed to environmental rules and at least three people who were registered to lobby the agencies they now work for.

affirmative action

DeVos pick to head civil rights office once said she faced discrimination for being white

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The new acting head of the U.S. Department of Education’s Office for Civil Rights once complained that she experienced discrimination because she is white. As an undergraduate studying calculus at Stanford University in the mid-1990s, Candice Jackson “gravitated” toward a section of the class that provided students with extra help on challenging problems, she wrote in a student publication. Then she learned that the section was reserved for minority students. “I am especially disappointed that the University encourages these and other discriminatory programs,” she wrote in the Stanford Review. “We need to allow each person to define his or her own achievements instead of assuming competence or incompetence based on race.”

Border

Former ‘Border Czar’ gives real facts about immigration

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It’s hard to find anyone in Washington who knows border issues better than Alan Bersin. His unique perspective combines years of frontline law enforcement experience with academic knowledge and intellectual interest in the historical, economic and social forces that are at work at the borders of the United States, especially the U.S.-Mexico line. Bersin became U.S. attorney in San Diego in 1993 and subsequently spent almost five years as President Clinton’s “border czar,” overseeing a border-wide crackdown on illegal immigration and drug smuggling. During the Obama administration, he served in several key posts in the Department of Homeland Security, including as acting commissioner of Customs and Border Protection, the force of 58,000 employees that includes the U.S. Border Patrol as well as CBP officers guarding air, land and sea ports of entry. He later served as assistant secretary for international affairs and chief diplomatic officer at DHS, a job he left last month.

Emoluments Clause

Why Trump would almost certainly be violating the Constitution if he continues to own his businesses

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Far from ending with President-elect Trump’s announcement that he will separate himself from the management of his business empire, the constitutional debate about the meaning of the Emoluments Clause 2014 and whether Trump will be violating it 2014 is likely just beginning. That’s because the Emoluments Clause seems to bar Trump’s ownership of his business. It has little to do with his management of it. Trump’s tweets last Wednesday said he would be “completely out of business operations.” But unless Trump sells or gives his business to his children before taking office the Emoluments Clause would almost certainly be violated.

Wikileaks

Email: Podesta asked Clinton to call ‘needy’ Richardson

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An email released as part of the Wikileaks data dump shows Hillary Clinton campaign chairman John Podesta saying that while former New Mexico Gov. Bill Richardson “can be a dick,” he still was worth talking to for a possible endorsement. “I had heard that you were upset that I encouraged a call between WJC and Richardson to bury the hatchet,” Podesta wrote to a Clinton staffer and what appears to be Clinton herself in August 2015. “I did that at the request of Jose Villarreal who pushed me and made the point that Richardson is still on TV a lot, especially on Univision and Telemundo and not withstanding [sic] the fact that he can be a dick, it was worth getting him in a good place.”

Villareal is Clinton’s campaign treasurer. The hacked email was titled, “Needy Latinos and 1 easy call.”

It’s not clear whether or not Hillary Clinton made the phone call, but two weeks after the date on the email, Richardson publicly endorsed Clinton. Thursday, Richardson responded, first on his Twitter account, then in a statement.

nuclear waste

Lowered deadline standards on new nuclear cleanup plan worries some

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Criticism of a controversial new agreement between the state and the federal government on how to clean up legacy waste in and around Los Alamos National Laboratory often has one thing in common—deadlines. Most agreements between states and the federal government to clean up nuclear waste have fixed deadlines set for benchmarks. If the federal Department of Energy misses one of these deadlines, it can then be sanctioned and penalized by the state. “The Department of Energy hates penalties,” Scott Kovac, a research and operations director with Nuclear Watch New Mexico, said in an interview. “A deadline might shake out some funding from its budget.”

For 11 years, a previous consent agreement between DOE and the state Environment Department set strict deadlines like these in New Mexico.

Democratic National Convention

Lujan Grisham scheduled to speak at DNC

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U.S. Rep. Michelle Lujan Grisham is expected to speak at next week’s Democratic National Convention in Philadelphia. The Democratic National Convention Committee released a partial list of scheduled speakers and that list included Lujan Grisham, who represents the Albuquerque area in New Mexico. She is the only New Mexican included on the list. NM Political Report reached out to Lujan Grisham’s office and will add a response when we receive one. Every Democratic member of the congressional delegation endorsed Hillary Clinton for president.