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Judge Steven Merryday (M.D. Fla.) on Friday struck President Trump’s 85-page defamation complaint against the New York Times on the ground that it “unmistakably and inexcusably” violated Rule 8 of the Federal Rules of Civil Procedure. The judge allowed Trump 28 days to file an amended complaint not exceeding 40 pages. (Order.) (Law Dork.)
President Trump on Friday announced that the government would establish an annual $100,000 fee for H-1B visas and signed an executive order creating an expedited visa program in which foreigners or companies could pay for a “gold card” for U.S. residency. (NYT.) Samuel Gregg discussed the administration’s H-1B visa decision, warning that the move will hurt American workers. (WSJ.)
The Pentagon has imposed new restrictions on reporters, including a requirement that that “information must be approved for public release by an appropriate authorizing official before it is released, even if it is unclassified.” (Memo.) (Politico.)
California Governor Gavin Newsom signed a bill on Saturday that would bar federal immigration agents from wearing face coverings to shield their identities. The law is set to come into effect in January, though it is likely to be challenged in court beforehand. (NYT.)
In a Saturday Truth Social post that appeared to be addressed to Attorney General Pam Bondi, President Trump voiced frustration with the Justice Department’s failure to bring cases against several of his adversaries, including New York Attorney General Letitia James and former Federal Bureau of Investigation Director James Comey. His call for “JUSTICE" came shortly after the ousting of Erik Siebert, a top federal prosecutor in Virginia who had faced pressure to bring criminal charges against James and Comey but had not yet done so. (WSJ.) President Trump said on Saturday that he would nominate senior White House aide Lindsey Halligan to replace Siebert. (CBS News.)
Jack Goldsmith examined the “ethics of service” for political appointees in the Justice Department in light of the Department of Justice’s handling of the Siebert matter. (Executive Functions.)
Genevieve Lakier argued that Federal Communications Commission Chairman Brendan Carr’s threats against ABC over Jimmy Kimmel’s comments likely crossed the line into unconstitutional “jawboning,” where officials coerce private actors to suppress disfavored speech. (Divided Argument.)
David French analyzed the national security risks of Trump’s defiance of Congress’s TikTok ban and linked it to his administration’s media threats as part of a broader strategy to dominate the public square. (NYT.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. National TPS Alliance: The government filed an emergency application on September 19 requesting the Supreme Court to stay a district court order granting summary judgement that blocked the termination of TPS protection. The application also requested an immediate administrative stay of the judgement while the Court considers the full stay request. The National TPS Alliance filed an opposition to the request on the same day.
Trump v. Orr: The government filed an emergency application on September 19 requesting the Supreme Court to stay an injunction issued by a district court that requires the State Department to allow transgender and nonbinary people to choose the sex designation on their passports.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed a response the same day, and the Separation of Powers Clinic submitted an amicus brief supporting the government. The Chief Justice formally set a deadline of September 25 for a response to the application.
Department of State v. AIDS Vaccine Advocacy Coalition: The government filed an emergency application on September 8 requesting the Supreme Court partially stay a district court injunction ordering the Trump administration to spend $4 billion in funds by September 30. The Supreme Court granted the government’s request for a partial stay pending further order of the Court and ordered a response to the government’s application on or before September 12. Respondents Global Health Council, et al. filed a response on September 12, and the Department of State, et al. filed a reply on September 15th.
Trump v. Slaughter: The government filed an emergency application on September 4 requesting the Supreme Court stay a district court decision to allow the firing of FTC Commissioner Rebecca Slaughter to proceed. The Supreme Court granted the government’s request for an administrative stay and ordered a response to the government’s application on or before September 15th. Rebecca Slaughter, et al. filed a response on September 15th, and Donald Trump, et al. filed a reply in support of the application for a stay on September 16th.