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The en banc U.S. Court of Appeals for the Fifth Circuit dismissed for lack of jurisdiction an appeal in a case filed by three Venezuelan nationals, on behalf of themselves and a putative class, challenging the president’s proclamation invoking the Alien Enemies Act and directing the removal from the United States of certain Venezuelan citizens who are members of Tren de Aragua. (Opinion.) (NYT.)
Judge Richard G. Stearns (D. Mass.) on Thursday dismissed the Justice Department’s lawsuit against Harvard University for allegedly violating Title VI of the 1964 Civil Rights Act by failing to respond adequately to certain antisemitic incidents on campus. (Memorandum and Order.) (NYT.)
President Trump on Wednesday issued a memorandum directing the National Coordination Center to establish a program authorizing certain private-sector companies “to conduct Cyber Surveillance Operations and Cyber Effects Operations against foreign Cyber-Enabled Transnational Criminal Organizations,” subject to the administration’s control and oversight. (Memorandum.) (NYT.)
The solicitor general on Friday asked the Supreme Court to stay the U.S. District Court for the District of Columbia’s injunction blocking construction of the White House ballroom. (Application.) (WaPo.)
Attorney General Todd Blanche gave a speech to the Justice Department in which he promised to “lead with integrity” and “uphold the law without fear or favor,” and welcomed “disagreement.” (Speech.) (Politico.)
Newly released court documents show that the Department of Homeland Security investigated an array of left-leaning organizations in Minnesota after immigration officers fatally shot Alex Pretti. The New York Times reported that none of the organizations has been charged. (NYT.)
Casey Michel argued that the 120th Congress should establish a select committee tasked with “investigating the corruption of the Trump family and focusing, at least initially, on the second-generation members of the family who have managed to profit so spectacularly from their proximity to power.” (Just Security.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.” The government filed a supplemental brief on August 12 to “inform the Court of a recent order in a parallel case” and the states responded.
Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”
National Park Service v. National Trust for Historic Preservation: The government filed an application on August 14 requesting the Supreme Court to stay a district court injunction blocking further construction of the White House ballroom.