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The Supreme Court on Friday denied a motion to expedite consideration of a petition for certiorari before judgment in the tariff case that plaintiffs won a preliminary injunction for in federal district court in D.C. but that the district court stayed pending appeal in the Court of Appeals for the D.C. Circuit. (Order.) (Petition.) (Motion to expedite.)
A three-judge panel of the Ninth Circuit Court of Appeals on Thursday stayed the district court order that enjoined the Trump administration from deploying the National Guard in Los Angeles. See the district court order here. (Order and opinion.)
President Trump on Thursday issued an executive order further extending the non-enforcement of the TikTok ban-or-divest statute. This is the third executive order Trump has issued declining to enforce the statute. (Executive order.)
Jack Goldsmith analyzed the enforcement discretion the administration has exercised in these orders and assessed the implications of the administration claiming this authority. (Executive Functions.)
Judge Michael Farbiarz (D.N.J.) on Friday ordered the government to release on bail pro-Palestinian activist Mahmoud Khalil from detention. Judge Farbiarz denied the government’s motion to stay this order. (Order.)
Judge Myong Joun (D. Mass.) on Wednesday issued a preliminary injunction barring government defendants from executing a reduction-in-force at the Department of Education’s Office of Civil Rights. (Order and opinion.)
Judge John McConnell (D.R.I.) on Thursday issued a preliminary injunction preventing government defendants from enforcing a policy that would condition states’ receipt of federal transportation grants on states’ cooperation with federal authorities regarding enforcement of federal immigration law. Judge McConnell declined defendants’ request to stay this order. (Order and opinion.)
The State Department announced on Wednesday that it would conduct “comprehensive and thorough vetting, including online presence” of foreign nationals applying for educational visas. (Announcement.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
McMahon v. State of New York: Government filed application on June 6 to stay district court preliminary injunction that barred the government from taking actions to dismantle the Department of Education. Plaintiffs filed responses to application on June 13. Government filed reply on June 16.
Trump v. American Federation of Government Employees: Government filed application on June 2 to stay district court universal injunction that blocked the government from implementing Trump’s executive order directing federal agencies to implement reductions-in-force. Plaintiffs filed response on June 9. Government filed reply on June 10.
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction that barred the government from deporting individuals to third countries without providing appropriate process. Plaintiffs filed response on June 4. Government filed reply on June 5.
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 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 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 on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.