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Judge Ana Reyes (D.D.C.) enjoined the Trump administration on Tuesday from enforcing President Trump’s executive order seeking to prevent transgender individuals from serving in the military. (Order.) (Opinion.)
Judge Tanya Chutkan (D.D.C.) on Tuesday enjoined the Trump administration from terminating certain Environmental Protection Agency grants for nonprofit financial institutions. (Order.) (Opinion.)
President Trump fired the Federal Trade Commission’s two Democratic commissioners on Tuesday. A White House official said in an email to the fired commissioners that the president has “unrestricted” authority to remove Senate-confirmed executive branch officers. (WSJ.)
Plaintiffs in the Alien Enemies Act case filed a brief on Tuesday in response to defendants’ emergency motions for stay pending appeal. Among other things, plaintiffs argued that defendants are not likely to prevail on their merits claims for the following reasons: There is no “predatory incursion” into the United States, the claimed invasion is not by a “foreign nation or government,” Trump’s proclamation bypasses required statutory procedures, and Judge Boasberg’s injunction does not violate the president’s constitutional authority. (Brief.)
President Trump, following Chief Justice John Roberts’s statement yesterday, posted on social media: “If a President doesn’t have the right to throw murderers, and other criminals, out of our Country because a Radical Left Lunatic Judge wants to assume the role of President, then our Country is in very big trouble, and destined to fail!” See yesterday’s Roundup for the background. (Truth Social.)
A court filing unsealed this week shows that Amy Gleason, whom the administration has said is the leader of DOGE, was hired by the Department of Health and Human Services earlier this month, while retaining her DOGE employment. Last week, Gleason submitted a court filing in which she said she was the “Acting Administrator of [the U.S. DOGE Service]” and a “full-time, government employee at USDS.” (Politico.) (Filing revealing Gleason’s HHS hiring.) (Filing that had referenced Gleason’s HHS hiring.) (Gleason’s filing regarding her role at USDS.)
A senior Justice Department official described the Trump administration’s legal strategy around its immigration actions: “We really do want to push the court — ultimately the Supreme Court — to take a stand. ... We're trying to get clarity. And we're not putting all eggs in one basket. It's why we're seeing all efforts to remove people.” (Axios.)
Paul Colborn analyzed how a recent Office of Legal Counsel opinion could provide a basis for the executive branch to resist congressional testimony subpoenas. (Lawfare.)
James Huffman argued that President Trump’s actions targeting law firms constitute bills of attainder, “plac[ing] the powers of all three governmental branches in the hands of one man.” (WSJ.)
Steve Vladeck reviewed key historical examples in an analysis of the due process questions at issue in the Alien Enemies Act deportation case. (One First.)
Clare Boone argued that the Foreign Emoluments Clause applies to Elon Musk. (Lawfare.)