In this episode of CAFE Insider, “Legal Gambits,” Preet and Anne break down politically-charged legal issues and developments, including:

• The President’s executive order on immigration and the rationale for it. 

• The removal of Dr. Rick Bright from his post as director of the Biomedical Advanced Research and Development Authority (BARDA) and his allegation that he was replaced because of his opposition to hydroxychloroquine and chloroquine, “potentially dangerous drugs promoted by those with political connections.”

• The lawsuit brought by Missouri against the Chinese government over COVID-19, and legislation introduced by Republicans in Congress which would allow lawsuits against foreign governments. 

• Senate Majority Leader Mitch McConnell’s recent comments suggesting that the federal government should allow blue states to go bankrupt before bailing them out.

• The Supreme Court’s decision in Ramos v. Louisiana, which overturned a 1972 ruling allowing non-unanimous verdicts for criminal convictions, in the process raising questions about the status of several other precedents, including Roe v. Wade.

We hope you’re enjoying CAFE Insider. Email us at [email protected] with your suggestions and questions for Preet and Anne.

REFERENCES & SUPPLEMENTAL MATERIALS

IMMIGRATION ORDER

• Executive order limiting immigration in response to COVID-19, 4/22/20
• Trump tweet announcing executive order suspending immigration, 4/20/20
• “Trump’s temporary plan to halt immigration is part of a broader strategy, Stephen Miller says,” New York Times, 4/24/20

RICK BRIGHT REMOVAL

• Rick Bright’s statement on his removal from BARDA position, 4/22/20
• Rep. Frank Pallone’s letter to HHS Inspector General calling for investigation of Bright matter, 4/23/20
• “House to examine ouster of health official who doubted drugs Trump pushed,” New York Times, 4/23/20
• “Ousting vaccine chief is going to ‘set us back,’ former FDA head says,” Politico, 4/26/20 
• “Vaccine expert from HHS to file whistleblower complaint,” CBS News, 4/24/20

SUING CHINA 

• Missouri AG’s complaint filed in Eastern District of Missouri, 4/21/20
• Foreign Sovereign Immunities Act (FSIA) of 1976, the law granting foreign states immunity
• 28 U.S. Code § 1605, the statute outlining the exceptions to the immunity of a foreign state
• Justice Against Sponsors of Terrorism Act (JASTA), the law carving out an exception in FSIA for lawsuits against states who have sponsored terrorism 
• “Suing China over coronavirus won’t help. Here’s what will work,” John Bellinger, Washington Post op-ed, 4/23/20
• “Congress hands Obama first veto override,” Politico, 9/28/16

MCCONNELL STATE BANKRUPTCY COMMENTS

• Clip: Mitch McConnell expresses support for allowing states to go bankrupt, Hugh Hewitt radio show, 4/22/20
• “McConnell takes flak after suggesting bankruptcy for states rather than bailouts,” Washington Post, 4/23/20

SUPREME COURT 

• Ramos v. Louisiana, the decision banning non-unanimous jury verdicts in criminal cases
• “Why a case about jury verdicts could spell trouble for Roe v. Wade,” Ruth Marcus, Washington Post op-ed, 4/24/20
• NY Rifle & Pistol Assoc. v. NYC, the decision on a now moot challenge to a NYC rule regarding the transport of firearms 
• The Sixth Amendment of the United States Constitution

LAUGHING CHALLENGE

• “Centuries-old law against cursing in public repealed by Virginia legislators,” NPR, 2/19/20