CAFE Insider 4/14: COVID Aftershocks

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In this episode of CAFE Insider, “COVID Aftershocks,” Preet and Anne break down all the latest politically-charged legal issues and developments, including:

— The formation of a White House “Council to Re-Open America,” and President Trump’s false assertion that “when somebody is the President, authority is total.”

— Concerns about the upcoming November election and the legal and political dynamics surrounding the push to vote-by-mail.

— The surprising constitutional questions around presidential succession in the U.S., as leaders around the world are falling ill with the coronavirus.

— Attorney General Bill Barr’s recent interview in which he said the media was “on a jihad” to discredit President Trump, and the DOJ’s intention to take action to protect religious freedom.

— The news that Apple and Google are teaming up to create “contact tracing” tools to help track and prevent the spread of the virus, and the privacy issues that arise from this kind of surveillance.

We hope you’re enjoying CAFE Insider. Email us at letters@cafe.com with your suggestions and questions for Preet and Anne.

REFERENCES & SUPPLEMENTAL MATERIALS

WHITE HOUSE COVID-19 RESPONSE:
10th Amendment of the U.S Constitution
Clip: Trump says presidential authority is “total,” CNN, 4/13/20
Clip: Larry Kudlow says investors should “think about buying during these dips,” CNBC, 3/6/20
“Wilbur Ross’s prediction about the coronavirus bringing back jobs was wrong,” Vox, 4/2/20
“Trump’s grand reopening council triggers slew of new questions,” Politico, 4/13/20

VOTE-BY-MAIL
Trump tweet criticizing vote-by-mail, 4/8/20
Brennan Center vote-by-mail explainer, 4/8/20
“Voting by mail and the race between Biden and Trump,” The Atlantic, 4/11/20

PRESIDENTIAL SUCCESSION
25th Amendment of the U.S. Constitution
Presidential Succession Act of 1947, 3 U.S. Code § 19
Presidential Succession Act of 1792
Presidential Succession Act of 1886
Congressional Research Service report on presidential succession, 6/29/05
Continuity of Government Commission succession report, 6/1/09
Jack Goldsmith, “A Presidential Succession Nightmare,” Lawfare, 3/25/20

BARR & RELIGIOUS FREEDOM
Free Exercise Clause of the 1st Amendment
AG Barr’s Fox News interview with Laura Ingraham, 4/8/20
DOJ spokesperson tweeting “expect action” on religious freedom, 4/11/20
Employment Division of Oregon v. Smith (1990), decision establishing rational basis test for religious freedom cases
“William Barr’s Wild Misreading of the First Amendment,” Jeffrey Toobin, The New Yorker, 10/17/19
“States Consider Whether Religious Services Qualify as ‘Essential,’” NPR, 4/1/20

CONTACT TRACING
Apple’s official announcement of Google partnership on contact tracing, 4/10/20
Andy Slavitt tweet thanking Google and Apple, 4/10/20
“The biggest questions about Apple and Google’s new coronavirus tracker,” The Verge, 4/11/20

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