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Judge Indira Talwani (D. Mass.) on Tuesday granted a renewed motion for a preliminary injunction blocking enforcement of President Trump’s executive order seeking to curtail voting by mail. Judge Talwani stated that her order preserved the “electoral status quo” now “where less than 90 days pend before the midterms and the millions of citizens who rely on mail voting require clarity as to how or whether they will vote in November.” (Memorandum & Order.) (AP.)
Attorneys for plaintiffs who prevailed in Trump v. Barbara filed a motion on Tuesday in the U.S. District Court for the District of New Hampshire requesting the court clarify that President Trump’s Aug. 6 executive order seeking to narrow birthright citizenship violates the court’s preliminary injunction that was affirmed by the Supreme Court. (Motion.) (SCOTUSBlog.) For background on the executive order, see a prior Roundup.
Judge Joan Ericksen (D. Minn.), the chief judge of the Alien Terrorist Removal Court, on Monday canceled the respondent’s release hearing that was scheduled for the following day, citing the need for further briefing on the respondent’s motion to compel discovery. (Order.) For background on the government’s case, see a prior Roundup.
Judge Eric C. Tostrud (D. Minn.) on Monday granted in part federal government agencies’ motion to dismiss a lawsuit brought by Minnesota that sought to block the Trump administration from prohibiting transgender women from participating in sports under Title IX. (Opinion and Order.)
The Justice Department on Monday brought lawsuits against New York, Connecticut, and Vermont, challenging state laws that provide in-state tuition assistance to undocumented immigrants. (Press Release.) (CT Complaint.) (VT Complaint.)
The U.S. Department of State announced on Monday that since the start of the second Trump administration it has revoked more than 175,000 visas from foreign nationals who committed crimes or endangered public safety. (Press Release.) (NYT.)
Jonathan Shaub argued that the “precedents set in the pursuit of Fauci could come back to haunt Republicans or possibly tee up even more politically motivated retribution campaigns in the next Congress.” (Lawfare.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.”
Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”