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The D.C. Circuit on Thursday denied the Department of Homeland Security’s petition to rehear en banc its April 2026 decision in Refugee and Immigrant Center for Education and Legal Services v. Mullin. (July Order.) The April decision held unlawful the president’s proclamation and agency guidance barring entry into the United States by migrants who crossed the southern border either without proper documentation at a port of entry or not at a port of entry, and subjecting individuals who violated the ban to summary removal proceedings. (April Opinion.)
A coalition of states on Thursday sued the Federal Emergency Management Agency in the U.S. District Court for the District of Rhode Island, challenging its imposition of election- and immigration-related conditions on the receipt of emergency management funds, as well as its imposition of new terms that allegedly give FEMA greater discretion to terminate states’ funding. (Complaint.)
The president has imposed new tariffs under Section 301 of the 1974 Trade Act on over 80 countries. (NYT.) Ilya Somin argued they are “illegal for some of the same reasons as the IEEPA tariffs invalidated by the Supreme Court in February.” (Volokh.)
The House of Representatives, for the second time this summer, passed a concurrent resolution Thursday directing the president to “remove the use of United States Armed Forces from hostilities against the Islamic Republic of Iran or any part of its government or military” unless Congress expressly authorizes such action. (H. Con. Res. 89.) (NYT.) Four Republicans joined Democrats in voting for the measure. (Roll Call.) For background on the concurrent resolution that passed both chambers in June, see a prior Roundup.
Justice Elena Kagan, when asked at the Ninth Circuit’s annual judicial conference whether the Supreme Court has been too deferential to the president, stated: “I think that is a bad rap…. I don’t see this as a court that is just going to rubber-stamp what the current administration does—quite the opposite.” (NYT.) (Politico.)
The Justice Department has withdrawn the subpoenas it issued to New York Times journalists. (NYT.)
Katherine Yon Ebright argued that although President Trump’s “Donroe Doctrine” is a “supposed revitalization of the Monroe Doctrine,” the history of the Monroe Doctrine, properly understood, “supplies strong precedents for war powers constraints, not presidential aggrandizement in matters of war.” (Lawfare.)
Steve Vladeck argued that the en banc Fifth Circuit’s “unsigned, unexplained order” granting a “precedential stay” of consolidated district court decisions concerning the administration’s immigration detention policies “turn[s] the entire concept of an emergency application on its head.” (OneFirst.)