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Judge Richard Leon (D.D.C.) on Tuesday declared unconstitutional President Trump’s executive order targeting WilmerHale. See the firm’s complaint in a prior Roundup. (Order.) (Opinion.)
The government on Tuesday asked the Supreme Court to stay a district court universal preliminary injunction that barred it from deporting individuals to third countries without appropriate process. See the lower court’s most recent orders related to the injunction in yesterday’s Roundup. (Application.)
Judge Tanya Chutkan (D.D.C.) on Tuesday denied the government defendants’ motion to dismiss a lawsuit challenging DOGE’s operations on Appointments Clause and statutory grounds, but granted the motion as to plaintiffs’ claims against President Trump. (Order.) (Opinion.)
Judge Jeannette Vargas (S.D.N.Y.) on Tuesday denied the government defendants’ motion to dissolve a preliminary injunction limiting DOGE’s access to certain Treasury Department systems, but modified the injunction to reduce the court’s oversight of the individual DOGE officials accessing the systems. (Order.)
The General Services Administration on Tuesday sent a letter to federal agencies calling for a review of all federal contracts with Harvard and directing the agencies to submit a list of cancellations or other potential actions by June 6. (WSJ.)
Adam Unikowsky argued that the Supreme Court in the A.A.R.P. case properly prevented the government from capitalizing on its strategy of concealing information to prevent the detainees from obtaining due process. (Adam’s Legal Newsletter.)
Ryan Goodman compiled statements made on the public record by U.S. officials and Salvadoran President Nayib Bukele about the U.S.-El Salvador detainee arrangement that Goodman maintains may undermine the government’s invocation of the state secrets privilege. (Just Security.)
Jed Rubenfeld argued that although the content-based distinctions like those the government is making in stripping funding from NPR and PBS generally violate the First Amendment, those distinctions are not unconstitutional when relied upon to decide not to subsidize an institution. (The Free Press.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction barring the government from deporting individuals to third countries without providing appropriate process.
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay two district court orders providing for discovery into DOGE. Plaintiff filed response on May 23. Chief Justice Roberts on May 23 stayed district court orders. Government filed reply on May 24.
Noem v. Doe: Government filed application to stay 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. Government filed reply on May 16.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay 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.
Trump v. Washington: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses 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 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 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.