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The Trump administration asked the Supreme Court to grant certiorari, expedite consideration of the merits, and reverse the Federal Circuit’s decision invalidating most of the administration’s tariffs promulgated under the International Emergency Economic Powers Act (IEEPA). See prior Roundups for background on this case. (Cert Petition.) (WaPo.)
Judge Allison Burroughs (D. Mass.) granted Harvard’s motion for summary judgment on its claims that the government’s funding freeze amounted to First Amendment retaliation, did not comply with Title VI, and was arbitrary and capricious. Judge Burroughs issued a permanent injunction preventing the government from “reimposing any unconstitutional conditions imposed to date” and from “issuing any other termination, freezing of funds, stop work orders, or withholding of payment on existing grants or other federal funding, or refusal to award future grants, contracts, or other federal funding to Harvard in retaliation for the exercise of its First amendment rights, or on purported grounds of discrimination without compliance with the requirements of Title VI.” (Memorandum and Order.) (NYT.) For a critique of Judge Burrough’s treatment of the Supreme Court’s interim rulings, see Josh Blackman. (Volokh Conspiracy.)
Judge Amir Ali (D.D.C.) granted a preliminary injunction requiring the Department of State and other agency defendants to “make available for obligation and obligate, by September 30, 2025, for the uses and purposes specified by Congress” funds appropriated by Congress for foreign assistance programs and other particular uses for which the plaintiffs are ready and able to compete. (Memorandum Opinion and Order.)
Judge Royce Lamberth (D.D.C.) denied the government’s motion for an interim stay of the court’s injunction prohibiting the government from removing Michael Abramowitz from his position as the director of Voice of America unless a majority of the International Broadcasting Advisory Board provides consent as statutorily required. (Order.)
The Justice Department opened a criminal investigation into Federal Reserve governor Lisa Cook. See prior Roundups for background. (WSJ.)
President Trump on Wednesday suggested that he is considering deploying National Guard troops to New Orleans. (WSJ.)
The Justice Department filed a complaint challenging Illinois laws providing in-state tuition and scholarships to unauthorized immigrants. (Complaint.) (Press Release.) The DOJ has challenged similar policies in Texas, Kentucky, Minnesota, and Oklahoma. (NYT.)
Bob Bauer argued that courts should “bring the realities and risks of weaponization into the consideration of hard constitutional questions, such as the now pending decisions on Trump’s firing for ‘cause’ of Federal Reserve Board Governor Lisa Cook.” (Executive Functions.)
Benjamin Wittes argued that the Fifth Circuit’s opinion rejecting President Trump’s invocation of the Alien Enemies Act to deport Venezuelan migrants it claimed were members of the Tren de Aragua gang is “an indicator” that conservative jurists will be divided over the question of reviewability of presidential proclamations based on lies. (Lawfare.)
Michael McConnell argued that, to save the independence of the Fed’s central bank function, Congress should bifurcate the Fed’s functions, assigning central bank operations to officers insulated from political control. (WaPo.)
Brian Finucane laid out the potential legal issues raised by President Trump’s lethal strike against an alleged drug smuggling vessel in the Caribbean. (Just Security.)
Stratos Pahis argued that the Federal Circuit’s decision invalidating most of the IEEPA tariffs is “overly cautious.” (Lawfare.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.” Pedro Vasquez Perdomo filed a response in opposition to the government’s application for a stay on August 12. The government filed a reply in support of its application for a stay on August 13.