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The full Fourth Circuit Court of Appeals on Wednesday voted nine-to-six to deny the government’s motion to stay a district court preliminary injunction preventing DOGE from accessing Social Security Administration records that contain personally identifiable information. See a prior Roundup for the preliminary injunction. (Order.)
A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit on Tuesday denied the government’s motion for a stay of a district court temporary restraining order barring the government until at least May 6 from deporting individuals located in Colorado under the Alien Enemies Act. See a prior Roundup for the district court’s order. (Order.)
Judge William Young (D. Mass.) on Tuesday allowed a case challenging the Trump administration’s alleged policy “of targeting noncitizens who engage in pro-Palestinian or anti-Israel speech and association for arrest, detainment, and deportation” to move forward on three counts. Judge Young granted the government’s motion to dismiss the plaintiffs’ claim of a Fifth Amendment violation. (Order.)
Judge Geoffrey Crawford (D.Vt.) on Wednesday ordered the release of Mohsen Mahdawi throughout the duration of his habeas proceeding. Immigration officials earlier this month detained Mahdawi, who helped organize pro-Palestinian demonstrations at Columbia last year. (Order.)
Judge Brian Murphy (D.Mass.) on Wednesday ruled that the Department of Homeland Security may not transfer noncitizen migrants to another agency to avoid granting them due process protections guaranteed in a previously issued preliminary injunction. (Order.) (Kyle Cheney, X.)
President Trump said in an interview on Tuesday that he has the power to get Abrego Garcia back to the United States. (ABC News.)
Trump on Tuesday fired Doug Emhoff and several former Biden administration officials from the board of the U.S. Holocaust Memorial Museum. (NYT.)
Bob Bauer argued that a memo Trump issued that directed the investigation of the use of online fundraising platforms and a fact sheet that accompanied the memo shed light on the White House process for politicizing criminal law enforcement. (Executive Functions.)
Mark Nevitt analyzed the Trump administration’s establishment of a “National Defense Area” controlled by the Defense Department near the Southern border and wrote that the move “sharply increas[es] the authority of the military to arrest, detain, search, and seize anyone entering the new property under military authority.” (Just Security.) (Description of the plan.)
James Pearce argued that the merit of the government’s prosecution of Milwaukee Judge Hannah Dugan is more complicated than many have asserted. He contended that the government has set forth a nontrivial case and that its decision to charge Dugan through a criminal complaint is unusual. (Lawfare.)
Steve Vladeck assessed the Supreme Court’s conduct in the first 100 days of the Trump administration and wrote that it reveals “a concerted effort on the justices’ part to preserve a meaningful judicial role in checking the executive branch—even in decisions in which the Trump administration may be winning modest procedural victories.” (Just Security.)
Bertina Kudrin, Megan Thomas, and Niharika Vattikonda described the obstacles that might prevent the Trump administration from compelling state enforcement of federal immigration law. (Lawfare.)
Nicholas Handler analyzed the legality of Trump administration directives prohibiting federal workers from joining labor unions and entering into collective bargaining agreements and assessed the likely outcomes of the legal challenges to these orders. (Lawfare.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
United States v. Shilling: Government filed application on April 24 to stay pending appeal district court nationwide injunction barring implementation of a Defense Department policy excluding transgender individuals from military service. Response to application due by 5:00 pm on May 1.
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.
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 nationwide 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 set oral argument for May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court nationwide 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 set oral argument for May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court nationwide 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 set oral argument for May 15.