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A three-judge panel on the U.S. Court of Appeals for the Eleventh Circuit on Wednesday rejected an as-applied constitutional challenge to the “good cause” removal requirement for administrative law judges in Section 7521(a) of the Administrative Procedure Act. (Opinion.)
Judge Loren AliKhan on Thursday declared unlawful President Trump’s firing of Rebecca Slaughter from the Federal Trade Commission. Judge AliKhan dismissed the claims brought by Alvaro Bedoya, who resigned from the commission, because, the court found, a declaratory ruling in his favor would not correct a continuing harm to Bedoya. (Order.) (Opinion.)
Judge Jia Cobb (D.D.C.) on Thursday dismissed without prejudice a lawsuit brought by FBI agents and the FBI Agents Association seeking to enjoin government defendants from disclosing agents’ personal identifying information or retaliating against them. (Order.) (Opinion.)
Nick Bednar assessed the Supreme Court’s two recent interim orders on reductions in force (RIFs) and analyzed how lower courts have ruled on RIFs. (Lawfare.)
Bednar, with Todd Phillips, published a draft of a paper that analyzes quorum rules in federal commissions. (SSRN.)
Chris Mirasola argued that the “big beautiful bill” provides the Pentagon with massive resources and flexibility in spending for immigration enforcement operations. (Lawfare.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Mary Boyle: Government filed application on July 2 to stay district court order that invalidated Trump’s firing of three members of the Consumer Product Safety Commission. Plaintiffs filed response to application on July 11. Government filed reply on July 14.