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Judge Rudolph Contreras (D.D.C.) ruled Tuesday that the Department of Homeland Security (DHS) “likely violate[d]” the First Amendment when it sent two federal agents with a warning notice to the home of David Streever, a Rochester, N.Y. man who had e-mailed disparaging remarks to the acting director of Immigration and Customs Enforcement. Judge Contreras issued a preliminary injunction barring DHS from “relying on the Warning Notice, issuing similar threats, or making good on the threats in the Warning Notice.” (Memorandum Opinion.) (WaPo.)
Rep. Joyce Beatty on Wednesday filed a motion for an emergency hearing, arguing that Kennedy Center officials appeared to be moving to close and renovate the building despite Judge Christopher R. Cooper’s (D.D.C.) recent preliminary injunction in an attempt to “evade the Court’s order by fait accompli.” (Motion.) Judge Cooper ordered a response by 10:00 AM Thursday. (Order.) Chris Geidner wrote that it will be difficult for Rep. Beatty and the court to force the administration to keep the Kennedy Center open, but that “sometimes the aim of a litigation is harm reduction.” (Law Dork.) See previous Roundup for background.
A unanimous First Circuit panel on Wednesday stayed a district court’s finding that the Department of Housing and Urban Development (HUD) failed to engage in notice-and-comment procedures before moving to set aside $1.3 billion of a $4 billion homelessness program as part of a policy shift from permanent housing support towards temporary measures. 22 states and the District of Columbia had challenged the move. The panel found HUD was likely to succeed on the merits and that upcoming award deadlines created a risk of irreparable harm. (Order.) (Reuters.)
The Government Accountability Office reported Tuesday that the Department of Government Efficiency’s deferred resignation program cost the government $6.7 billion in administrative leave spending in 2025. (Report.) (NYT.)
Martin Flaherty argued that “today’s degree of unchecked presidential authority in foreign affairs” should offer a cautionary tale for judicial expansion of presidential power in the domestic sphere. (SCOTUSblog.)
Andrew McCarthy reviewed the Trump administration’s recent first-ever use of the Alien Terrorist Removal Court, arguing that the resulting agreement between the government and the defendant finding her a removable alien terrorist had “benefits for each side.” (National Review.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Department of Homeland Security v. League of Women Voters: The government filed an application to the Supreme Court on September 8 seeking a stay pending appeal of a June 22 order issued by Judge Sparkle L. Sooknanan (D.D.C.) that vacated a Department of Homeland Security (DHS) program that used Social Security data to verify voters’ citizenship status. The League of Women Voters filed a response on September 15, and DHS filed its reply on September 16.