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President Trump on Saturday issued a memorandum mobilizing 2,000 members of the National Guard in response to the protests against federal immigration enforcement in the Los Angeles area. California reportedly filed a lawsuit on Monday arguing that Trump’s mobilization of the National Guard exceeded his authority and infringed on California Governor Gavin Newsom’s power as commander in chief of the California National Guard. (Memorandum.) (WAPO reporting on lawsuit.)
Bob Bauer and Jack Goldsmith discussed Trump’s memorandum mobilizing the National Guard, including the authorities Trump cited and how they differ from the Insurrection Act. (Executive Functions.)
Chris Mirasola analyzed the authority Trump relied on in the memorandum, prior DOJ statements on that authority, and the difference between that authority and that provided for in the Insurrection Act. (Lawfare.)
Steve Vladeck argued that although Trump’s memorandum is a significant escalation, it is far less significant than an invocation of the Insurrection Act would be. (One First.)
On Friday, the United States government flew Abrego Garcia back to the United States and unsealed an indictment against Garcia charging him in federal district court in connection with transporting undocumented immigrants. (NYT.) (Indictment.)
The Supreme Court on Friday issued two rulings on the emergency docket on DOGE—both wins for the government. In the first, the Court granted the government’s application for a stay of a district court preliminary injunction that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Justices Sotomayor, Kagan, and Jackson would have denied the application. Justice Jackson wrote a dissent, joined by Justice Sotomayor. See the government’s application in a prior Roundup. (Ruling.)
In the second ruling, the Court stayed two district court orders that provided for discovery into DOGE. The Court vacated the D.C. Circuit's denial of the government’s request for a writ of mandamus and remanded the case to the court of appeals. See the government’s application in a prior Roundup. (Ruling.)
The government on Friday filed an application in the Supreme Court asking for a stay of a district court preliminary injunction that barred the government from taking actions to dismantle the Department of Education. See a prior Roundup for the case’s background. (Application.)
A divided three-judge panel of the D.C. Circuit Court of Appeals on Friday stayed a district court preliminary injunction that prevented the Trump administration from excluding Associated Press journalists from certain restricted spaces, including the Oval Office. The panel declined to stay the district court’s order as to the East Room. Judge Cornelia Pillard filed a dissenting statement. See the preliminary injunction in a prior Roundup. (Order, opinion, and Judge Pillard’s dissenting statement.)
Judge Randolph Moss (D.D.C.) on Sunday denied the Corporation for Public Broadcasting’s motion for a preliminary injunction that would have barred the Trump administration from firing three of the organization’s board members. (Order and opinion.)
Trump’s travel ban announced last week came into effect today. See a prior Roundup for details on the ban. (WAPO.)
Benjamin Wittes assessed whether a 1972 Supreme Court decision precludes judicial review of Harvard’s challenge to the Trump administration’s effort to prevent students from entering the country to attend Harvard. (Lawfare.)
Ilya Somin responded to Goldsmith’s Executive Functions post on the Court of International Trade’s and D.C. District Court’s tariff decisions. (The Volokh Conspiracy.)
Paul Rosenzweig assessed the relationship between Trump v. U.S. and Trump’s order last week of an investigation into the conduct of President Biden’s aides. See a prior Roundup for Trump’s memorandum. (The Atlantic.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Linda McMahon v. State of New York: Government filed application on June 6 to stay district court preliminary injunction that barred the government from taking actions to dismantle the Department of Education. Justice Jackson requested response to application by June 13 at 4:00 p.m.
Trump v. American Federation of Government Employees: Government filed application on June 2 to stay district court universal injunction that blocked the government from implementing Trump’s executive order directing federal agencies to implement reductions-in-force. Plaintiffs filed response on June 9.
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction that barred the government from deporting individuals to third countries without providing appropriate process. Plaintiffs filed response on June 4. Government filed reply on June 5.
Trump v. Washington: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. New Jersey: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. CASA: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.