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Judge Mary McElroy (D.R.I.) on Friday issued a preliminary injunction barring government defendants from implementing a March decision that a number of health programs that managed $11 billion in federal funds are now unnecessary because the coronavirus pandemic has ended. (Order.)
Jack Goldsmith argued that Solicitor General Sauer in the birthright citizenship oral argument yesterday had to make concessions regarding the bindingness of Supreme Court precedent to allow for the Court to strike down universal injunctions. (Executive Functions.)
Bob Bauer and Goldsmith discussed Goldsmith’s post and other important moments in the oral argument. (Executive Functions.)
Nicholas Bagley summarized the oral argument and assessed the possible outcomes. (The Atlantic.)
Steve Vladeck argued that the Trump administration’s behavior in response to court rulings makes it a precarious time to strike down universal injunctions. (NYT.)
Vladeck also reviewed the state of play in two other immigration cases pending on the Court’s shadow docket and argued that accepting the government’s theories in these cases “would insulate a ton of significant authority in the immigration field from meaningful judicial review.” (One First.)
Lee Kovarsky and Theodore Rave criticized the denial of class certification for Alien Enemies Act detainees in the Northern District of Texas and argued for the importance of class certification in this deportation context. (Lawfare.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Doe: Government filed application on May 8 to stay pending appeal district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Plaintiffs filed response on May 15.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal district court order that granted universal relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Plaintiffs filed response on May 8. Government filed reply on May 9.
A.A.R.P. v. Trump: Plaintiffs filed application on April 18 to enjoin the government from deporting Venezuelan individuals and a putative class under the Alien Enemies Act. Court on April 19 enjoined the government from carrying out the deportations (dissent). Government filed response on April 19. Plaintiffs filed reply on April 21. Government filed supplemental brief on May 12. Plaintiffs filed supplemental brief on May 14.
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions barring the firing of board members of the NLRB and MSPB. Chief Justice Roberts on April 9 stayed district court injunctions. Plaintiffs filed responses to the government’s application on April 15. Government filed reply on April 16.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
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