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Judge Michael Simon (D. Or.) set a hearing for Friday on Oregon’s request for a temporary restraining order against the National Guard deployment in Portland. (Politico.)
Judge Royce C. Lamberth (D.D.C.) on Monday suspended a reduction in force proposed by the U.S. Agency for Global Media, which includes Voice of America, holding that the order is necessary to enforce compliance with the court’s earlier preliminary injunction and adding that the government’s conduct could support civil contempt proceedings. (Memorandum Order.) See a previous Roundup for background.
The Trump administration has filed a civil rights lawsuit in the U.S. District Court for the District of New Jersey against two activist groups, the New Jersey chapters of the Party for Socialism and Liberation and American Muslims for Palestine, and several individuals. The complaint alleges that the defendants violated the Freedom of Access to Clinic Entrances Act by coordinating to intimidate and disrupt a Jewish religious event at a synagogue in New Jersey. (Complaint.)
The Trump administration announced on Monday that it will deploy 100 National Guard troops to Illinois to protect ICE facilities. (NYT.)
The Trump administration is arguing that the Merit Systems Protection Board must follow DOJ guidance in how workers complaints are decided in an effort to quash the appeals of federal workers it fired. (WaPo.)
The Office for Civil Rights in the Health and Human Services Department sent a letter to Harvard President Alan Garber on Monday referring the university to suspension and debarment proceedings on the grounds that Harvard failed to adequately address antisemitism on its campus. (WSJ.)
YouTube agreed to pay $24.5 million to settle a lawsuit brought by Trump due to his suspension from the platform after the January 6, 2021 Capitol riot. (WSJ.)
Two Housing and Urban Development civil rights lawyers were fired after speaking out about the Trump administration’s efforts to limit enforcement of the Fair Housing Act. (NYT.)
The New York Times profiled Russell Vought, Director of the Office of Management and Budget. (NYT.)
Ed Whelan discussed additional points in support of his argument that Lindsey Halligan’s appointment as U.S. Attorney for the Eastern District of Virginia was likely not valid. (National Review.) See yesterday’s Roundup for Whelan’s original post. Trent McCotter offered a number of counterarguments in response to Whelan’s posts in a thread on X. (Trent McCotter X thread.)
Nick Bednar discussed how the Trump administration could use a government shutdown to justify further reductions in force. (Lawfare.)
Marty Lederman discussed the DOJ’s response to the statutory arguments advanced by plaintiffs in cases challenging President Trump’s Birthright Citizenship executive order (EO No. 14160), arguing that this issue alone may be sufficient to declare the executive order unlawful. (Just Security.)
Chris Geidner criticized a memo released by Attorney General Pam Bondi directing federal agencies to support ICE operations. (Law Dork.)
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. On September 29, National TPS Alliance filed a response.
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. Justice Jackson formally set a deadline of October 4 for a response to the application.
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 an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25.