Newsletter:
The Latest on Congress’ Efforts to Hide Communications from 2017
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In a seven-years-long lawsuit ([link removed]) with major implications for the people’s right to government records, American Oversight has been fighting for the release of documents related to past efforts to repeal or weaken the Affordable Care Act.


We filed the lawsuit in 2017 against the Department of Health and Human Services and the Office of Management and Budget seeking officials’ communications with congressional staff. But it’s Congress — not the agencies — that’s prolonging that fight.


Many of the records we’ve previously obtained through the lawsuit were heavily redacted under FOIA’s Exemption 5, which shields the release of inter-agency or intra-agency memorandums, and the “consultant corollary” doctrine, a judge-created extension of Exemption 5 which applies when outside consultants are acting “akin to an agency employee.”
* The use of the “consultant corollary” doctrine basically amounted to a loophole to evade public disclosure of records, and in May, the D.C. Circuit Court of Appeals ruled in our favor.
* The court made clear that government agencies cannot use the “consultant corollary” to evade public disclosure of records when the supposed “consultants” have their own interests in the outcome of agency decisions — for example, political or electoral.



At issue in the suit today are five email chains sent among members of the House Ways and Means Committee and agency staff in 2017. Despite HHS and OMB having agreed ([link removed]) that the remaining records are public agency records subject to FOIA, the committee — which intervened in the case in 2017 — last month filed a motion requesting that the court block their release.
* Justice delayed is often justice denied, and the records at issue in this case — about decisions that could have affected health coverage for millions of Americans — would have best served the public by being released at the time that members of Congress were attempting to weaken the ACA.
* Seven years later, and with a new Trump administration ([link removed]) set to take office, the public still deserves to see emails that could shed light on the political influences and negotiations behind efforts to upend the health-care law. Read more about our lawsuit here ([link removed]) .



Idaho Reinstates Abortion Travel Ban

A federal appeals court partially reinstated Idaho’s interstate abortion travel ban ([link removed]) this week, making it the first state in the nation to criminalize the transport of a minor over state lines to obtain an abortion.
* Idaho’s ban originally took effect in May 2023 and was temporarily blocked last November ([link removed]) after advocacy organizations sued, alleging the law was unconstitutional. In September, a federal judge blocked enforcement of a similar law ([link removed]) in Tennessee.
* American Oversight has been investigating ([link removed]) how anti-abortion rights activists are pushing for laws that restrict travel for the purpose abortion in multiple states.
* Records we previously obtained reveal that abortion travel ban ordinances passed in 2023 in three Texas counties were drafted by anti-abortion rights activists who offered at least one county free legal representation if it faced lawsuits over the laws.
* Read more about our investigation into abortion travel ban laws here ([link removed]) .

On the Records

Communications About 2017 Efforts to Weaken ACA

Through the litigation mentioned above, we have obtained more than 3,200 pages of records ([link removed]) , with the agencies having reprocessed and lifted certain redactions. Records released to American Oversight ([link removed]) last month show that HHS and OMB staff members frequently communicated with certain congressional officials in early 2017 while ACA repeal efforts were underway — including then-Speaker of the House Paul Ryan and members of his office.
* On March 6, 2017, the day that House Republicans announced their plan ([link removed]) to replace the ACA with the American Health Care Act, Ryan’s then-policy director Austin Smythe asked ([link removed]) then-OMB director Mick Mulvaney to produce an analysis contradicting information expected to be released by the Congressional Budget Office, the emails show.
* “It will help us make the case for the bill if we got information from OMB/HHS to show the full effects of our bill combined with administrative action,” Smythe wrote to Mulvaney.

* Read more about the records here ([link removed]) .



Texas’ Operation Lone Star and Border Buoys

Texas Gov. Greg Abbott recently indicated ([link removed]) he plans to add to the floating buoy barrier that was first installed last year along the Rio Grande. The buoys can make border crossings even more dangerous and deadly.
* American Oversight obtained a signed contract ([link removed]) , recently reported on by Newsweek ([link removed]) , related to the border buoys. The Texas Department of Public Safety agreed to pay a supplier $850,000 for a “barrier buoy” between April and August 2023. The contract was awarded as part of Operation Lone Star ([link removed]) .
* Another document indicates that DPS believed the buoys would “reduce drownings and apprehension workload for DPS agents.”
* Learn more about our investigation into Operation Lone Star here ([link removed]) .


Other Stories We're Following


Trump Administration and Threats to Democracy
* Project 2025, Mar-a-Lago and Fox News: what connects Trump’s new staff picks (New York Times ([link removed]) )
* Trump and allies blur the lines between politician and influencer (Washington Post ([link removed]) )
* Lobbying firm with close ties to Trump is poised to profit from new administration, experts say (ABC News ([link removed]) )
* Election denialism has staying power even after Trump’s win (Stateline ([link removed]) )
* Elon Musk backed Trump with over $250 million, fueling the unusual ‘RBG PAC’ (New York Times ([link removed]) )
* Musk could use the ‘Department of Government Efficiency’ for self-enrichment (Guardian ([link removed]) )
* Incoming Trump border czar Tom Homan visits Arizona-Mexico border with Dr. Phil (Arizona Republic ([link removed]) )



Voting Rights
* Iowa sues Biden administration for citizenship status of over 2,000 registered voters (Associated Press ([link removed]) )
* An Idaho county will publish everyone’s ballots to combat mistrust (New York Times ([link removed]) )
* With the Voting Rights Act facing more threats, advocates renew a push for state laws (NPR ([link removed]) )
* Civil rights advocates urge action on state voting rights act amid concerns of future threats (Michigan Advance ([link removed]) )
* Michigan Voting Rights Act moves forward despite concerns from local clerks (Votebeat ([link removed]) )



LGBTQ Rights
* Supreme Court seems ready to uphold ban on gender-affirming care for minors (NPR ([link removed]) )
* How a Supreme Court decision on health care bans for transgender youth could impact trans people nationwide (CNN ([link removed]) )
* After previous failures, Kansas Republicans again push ban on gender-affirming care for minors (Kansas City Star ([link removed]) )
* Wyoming lawmakers pursue transgender bathroom, sports restrictions in 2025 session (WyoFile ([link removed]) )



Abortion and Reproductive Rights
* Judge could allow Planned Parenthood to begin performing abortions in Missouri Friday (Missouri Independent ([link removed]) )
* Missouri voters enshrined abortion rights. GOP lawmakers are already working to roll them back. (ProPublica ([link removed]) )
* Planned Parenthood seeks to block Arizona abortion law after abortion rights amendment (Reuters ([link removed]) )
* Despite state restrictions, Wisconsinites are receiving abortions via telehealth (Wisconsin Public Radio ([link removed]) )
* Battle over abortion regulations continues in Ohio, lawsuits stretch into 2025 (Ohio Capital Journal ([link removed]) )
* In another Idaho abortion lawsuit, federal judges rule AG can’t prosecute doctors for referrals (Idaho Capital Sun ([link removed]) )



In the States
* In response to mandate pushback, Walters wants district superintendent jobs subject to elections (KGOU Oklahoma ([link removed]) )
* A culture-war battle convulses a school panel in liberal Manhattan (New York Times ([link removed]) )
* University of Michigan ends required diversity statements (New York Times ([link removed]) )
* South Carolina lawmaker says records show 'behind-the-scenes' deal between PragerU, Ellen Weaver (Post and Courier ([link removed]) )
* Records: Pro-Palestine demonstrations drove university policy changes (VPM ([link removed]) )



Government Transparency and Public Records Law
* Kentucky man sought public records from police. Instead, the chief arrested him, lawsuit says (Lexington Herald Leader ([link removed]) )
* Alabama senator refiles bill to make body cameras, dashboard footage public records (Alabama Reflector ([link removed]) )
* Louisiana AG launches investigation into ethics board’s alleged open meetings violations (Louisiana Illuminator ([link removed]) )
* Lake Charles mayor turns over emails he sought to withhold from public (Louisiana Illuminator ([link removed]) )



Immigration
* The local sheriffs gearing up to help Trump carry out mass deportations (Wall Street Journal ([link removed]) )
* The immigrants most vulnerable to Trump’s mass deportation plans entered the country legally (New Yorker ([link removed]) )
* Incoming Trump administration plans to deport some migrants to countries other than their own (NBC News ([link removed]) )
* Trump's immigration crackdown could reduce caregiving workforce (Axios ([link removed]) )
* How Trump’s mass deportation plan can use AI to extend immigration crackdown (CNBC ([link removed]) )
* Missouri lawmaker proposes bounty system to report migrants (NewsNation ([link removed]) )
* Texas offers Trump a blueprint for illegal-immigration crackdown (Wall Street Journal ([link removed]) )
* Revealed: Biden lays groundwork to expand immigration jails as Trump readies for office (Guardian ([link removed]) )
* Democratic-controlled cities are finalizing plans to oppose mass deportation (NBC News ([link removed]) )


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