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The government on Wednesday filed an application asking the Supreme Court to stay pending appeal two district court orders requiring the reinstatement of executive branch board members Cathy Harris, of the Merit Systems Protection Board, and Gwynne Wilcox, of the National Labor Relations Board. The government further argued that “[r]egardless of whether this Court grants a stay, it should construe this application as a petition for a writ of certiorari before judgment and grant review” on the constitutionality of the statutory for-cause removals for these officials. Chief Justice Roberts stayed the two orders and requested a response to the application by April 15 at 5:00 pm. See the background preceding yesterday’s news in the case in a prior Roundup. (Application.) (Order.)
A divided three-judge panel of the Fourth Circuit Court of Appeals on Wednesday stayed a district court order requiring the reinstatement of probationary employees residing or working in 19 states and the District of Columbia. The majority wrote that the government “is likely to succeed in showing the district court lacked jurisdiction over Plaintiffs’ claims, and the Government is unlikely to recover the funds disbursed to reinstated probationary employees.” (Order.)
Judge Fernando Rodriguez Jr. (S.D.Tex.) on Wednesday enjoined the government from relocating or removing individuals the government claims are subject to the Alien Enemies Act from the jurisdiction of the district court. (Order.)
The House of Representatives on Wednesday passed—by a six-vote margin—legislation that would in most cases prevent federal judges from issuing nationwide injunctions. The bill reportedly “faces a slim chance of becoming law because of the obstacles it faces in the Senate.” (Bill.) (NYT.)
Harold Koh, Fred Halbhuber, and Inbar Pe’er argued that President Trump’s executive orders targeting law firms are unconstitutional bills of attainder, and stretch beyond the authority even pre-Revolutionary British kings were willing to exercise. (Just Security.)
Alan Rozenshtein analyzed the dangerous implications of courts’ loss of trust in the government’s representations in court. (Lawfare.)
Adam Unikowsky made the case for law firms to sue rather than agree to deals with the Trump administration. He argued, among many other things, that clients will not be able to trust firms beholden to the government in litigation connected to the government. (Adam’s Legal Newsletter.)
Steve Vladeck commended the Supreme Court for explaining its reasoning in its shadow docket rulings but criticized their reasoning as too scanty. (One First.)
Alexis Loeb contended that Ed Martin’s conduct is making life easier for defense attorneys—while threatening the rule of law. (WAPO.)
Paul Barrett analyzed the lawsuits defending Voice of America. (Just Security.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions. Chief Justice Roberts on April 9 stayed district court injunctions and requested response to application by 5:00 pm on April 15.
Noem v. Abrego Garcia: Government filed application on April 7 to vacate district court injunction. Garcia filed response to application on April 7. Chief Justice Roberts stayed district court injunction on April 7. Government filed reply on April 8.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.