- Government Shutdown Update
- SCOTUS to Hear Travel Ban Case
- Human Subjects "Common Rule" Delayed Six Months
- DOJ to Challenge Temporary DACA Injunction
- Legal and Legislative Challenges to Net Neutrality Repeal
GOVERNMENT SHUTDOWN UPDATE
The House yesterday voted to approve a continuing resolution (CR) that would fund the government through February 16 and renew the Children's Health Insurance Program (CHIP) for six years. The Senate then voted to begin deliberations, but Senate Majority Leader Mitch McConnell appears to lack the 60 votes required to send the CR to President Trump for his signature.
As of 5 pm ET today, it seems Congress remains at a stalemate. Barring productive bipartisan negotiations, the government will shut down at midnight this evening. The Office of Management and Budget has issued agency operations guidance regarding grants and contracts in addition to posting various agency-specific contingency plans.
For additional reference, please see the below sampling of 2013 university-issued government shutdown impact guidance:
- Emory University
- Johns Hopkins University
- University of California, Irvine
- University of North Carolina, Chapel Hill
- University of Wisconsin, Madison
SCOTUS TO HEAR TRAVEL BAN CASE
The U.S. Supreme Court announced today it will consider the legality of the revised travel ban policy issued in September 2017. Issued by proclamation, the policy restricts travel to the U.S. by citizens from eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.
Oral arguments are set to begin in April, with an expected decision as early as June.
HUMAN SUBJECTS "COMMON RULE" DELAYED SIX MONTHS
The Department of Health and Human Services and 15 other federal agencies on Wednesday announced it would delay by six months the implementation of a final rule titled "Federal Policy for the Protection of Human Subjects." The rule had previously been slated to go into effect today, January 19. AAU, AAMC, COGR, and AAMC had requested a one-year delay.
DOJ TO CHALLENGE TEMPORARY DACA INJUNCTION
The Department of Justice announced Tuesday it will ask the Supreme Court to overturn an injunction issued last week by a San Francisco-based federal Judge that ordered the Department of Homeland Security to continue accepting renewal applications while legal challenges to the program's termination progress. Unless lifted, the temporary injunction allows former DACA registrants who failed to renew by October 5, 2017 to apply, but does not permit new applications. (USCIS compliance information available here.
The administration is also appealing to the Ninth Circuit Court of Appeals but by simultaneously petitioning the Supreme Court, the administration may be able to bypass the lower court. If the Supreme Court agrees to hear the appeal absent a Ninth Circuit ruling, oral arguments may not be scheduled until fall 2018.
LEGAL AND LEGISLATIVE CHALLENGES TO NET NEUTRALITY REPEAL
As anticipated, more than 20 state attorneys general filed a petition with U.S. Court of Appeals for the D.C. Circuit to challenge the Federal Communications Commission's (FCC) reversal of the 2015 Open Internet Order. Other lawsuits were filed by Mozilla, Free Press, Public Knowledge, the Open Technology Institute, and the New America Foundation. The legal challenges come two days after all 49 Democratic senators plus Republican Senator Susan Collins announced their support for a legislative override of the FCC decision. To pass the Senate, the resolution must gain the support of one more Republican member, then pass the House, and be signed by President Trump to take effect.
After the December decision, AAU President Mary Sue Coleman issued a statement to express serious concerns with the negative impacts on universities and other nonprofit organizations that rely on high-capacity broadband.