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Divided Ninth and Seventh Circuit panels on Thursday ruled against the Trump administration’s interpretation of 8 U.S.C. § 1225(b)(2)(A), the provision the Department of Homeland Security has relied upon to place certain noncitizens arrested in the interior into mandatory detention without bond. (Ninth Cir. Opinion.) (Seventh Cir. Opinion.) Appeals courts have now split 6-2 against the administration on the issue. (NYT.)
The Alien Terrorist Removal Court held its first public hearing on Thursday in the case against Nazira Haji Zada, an Afghan woman the Justice Department is seeking to deport despite her status as a lawful permanent resident. Haji Zada has not been publicly charged with any crimes but is accused of supporting an ISIS-inspired terrorist plot. (NYT.)
After President Trump on Thursday threatened to temporarily withdraw Todd Blanche’s attorney general nomination until the next Congress following opposition by two outgoing Republican senators, Sen. John Cornyn wrote that “POTUS is mistaken if he believes concerns about the provisions in his tax lawsuit settlement are limited to me and Senator Tillis.” (X.) (NYT.)
A dozen red states on Wednesday filed an application to the Supreme Court asking it to immediately grant an administrative stay of a district court injunction barring federal agencies from implementing portions of President Trump’s elections executive order. (Application.) Steve Vladeck argued that the dispute before the Court “involves who can challenge Trump’s order and when—not whether the order is legally valid on its face,” meaning that even a full grant of relief would simply put off resolution of the merits. (One First.)
The Senate on Thursday narrowly rejected, by a vote of 50-49, a resolution directing President Trump to withdraw U.S. troops from hostilities with Iran. (NYT.)
Bob Bauer spoke with Danielle Friedman about how state criminal laws could constrain potential federal interference in the 2026 elections. (Executive Functions.)
Peyton Baker, Nick Bednar, and Amy Wildermuth examined the questions raised by Comans v. Executive Office of the President, the first case to consider removal protections for inferior officers post-Slaughter. (Lawfare.)
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.” Justice Jackson formally set a deadline of August 3 for a response to the application.
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.” Justice Jackson formally set a deadline of August 3 for a response to the application.