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The solicitor general on Thursday filed an emergency application with the Supreme Court for a stay of a district court judgment setting aside the Department of Homeland Security’s (DHS) third-country removal guidance. The First Circuit, which largely affirmed the judgment last week, dissolved its stay pending appeal on Wednesday night. (Application.) (NYT.) For background on the First Circuit ruling, see a previous Roundup.
Judge Timothy J. Kelly (D.D.C.) on Thursday granted a 14-day temporary restraining order requiring the White House to restore the “hard pass” press credentials of CNN, MS NOW, and POLITICO reporters, which it had revoked. (TRO.) (WaPo.)
The National Iranian American Council Action on Thursday filed a lawsuit in the U.S. District Court for the District of Columbia seeking a declaratory judgment that the U.S. war against Iran is unconstitutional. (Complaint.)
Current and former FBI agents and analysts who worked on the classified documents investigation and prosecution of President Trump filed a motion in the U.S. District Court for the Southern District of Florida on Thursday seeking “clarification” as to whether they “can freely discuss non-public information related to their work on the investigation with individuals outside of the DOJ, including but not limited to a federal grand jury and [their] own counsel.” (Motion.)
A Nevada deputy attorney general sent an email to DHS on Wednesday stating that the 185 individuals on the state’s voter roll whom DHS had alleged are noncitizens in fact are citizens. The email states that DHS had provided Nevada officials with “nothing of substance to suggest otherwise.” (Email.) (NYT.)
The Government Accountability Office on Thursday issued a report on ICE’s expansion of immigrant detention and removal operations, which concluded that “ICE has wasted funds on unsuccessful detention initiatives and lacks important information about the long-term affordability of its investments.” (Report.) (NYT.)
Zachary Price argued that while reforming the comptroller general’s office could help Congress reclaim its power of the purse, any reforms “would raise a number of fraught constitutional questions that require careful attention.” (Notice & Comment.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Department of Homeland Security v. D.V.D.: The government filed an application to the Supreme Court on September 24 seeking a stay of a district court judgment setting aside the Department of Homeland Security’s third-country removal guidance. Justice Jackson requested a response to the application by 4pm ET on September 28.
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.