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Judge Stephanie Haines (W.D. Pa.) on Tuesday ruled that President Trump could remove individuals under the Alien Enemies Act proclamation, but also determined that the government is currently providing inadequate notice to individuals subject to removal under the proclamation. Judge Haines directed the government to provide the petitioner, a detained Venezuelan man, with 21 days’ notice and an “opportunity to be heard” before his removal. Judge Haines also decertified a class of detained noncitizens who were subject, or potentially subject, to the proclamation. (Order.) (Opinion.) (Class decertification order.) (Class decertification opinion.)
Judge David Briones (W.D. Tex.) on Tuesday issued a temporary restraining order (TRO) prohibiting the government from removing any member of the putative class consisting of “all noncitizens in custody in the Western District of Texas” subject to the Alien Enemies Act proclamation. The TRO also forbids transfer without notice and requires notice of designation as an alien enemy under the proclamation at least 30 days prior to removal. (Order.)
Steve Vladeck reviewed and periodized the Alien Enemies Act litigation across the country. (One First.)
Judge Christopher Cooper (D.D.C.) on Wednesday granted the American Bar Association’s motion for a preliminary injunction preventing DOJ from enforcing the cancellation of federal grants that funded services to victims of domestic and sexual violence. (Order.) (Opinion.)
A D.C. Circuit panel on Wednesday denied the government’s petition for a writ of mandamus to halt the district court’s order for discovery into whether DOGE constitutes an “agency” within the meaning of the Freedom of Information Act. (Order.)
Judge Patricia Giles (E.D. Va.) on Wednesday ordered the immediate release of Georgetown postdoctoral fellow, Badar Khan Suri, pending the resolution of his habeas proceedings. See the background preceding today’s order in previous Roundups. (Order.)
Ilya Somin reflected on oral arguments in a case challenging Trump’s “liberation day” tariffs. He sensed that “all three judges seemed skeptical of the government's claim that [the International Emergency Economic Powers Act] gives the president virtually unlimited power to impose tariffs.” (The Volokh Conspiracy.)
Samuel Bray analyzed the Supreme Court's options in the birthright citizenship cases set for oral argument tomorrow. (Divided Argument.)
J. Michael Luttig argued that President Trump's sweeping assertions of executive power across multiple fronts represent systematic abuse of the Constitution and the separation of powers. (The Atlantic.)
Richard Primus argued that President Trump is taking a “bad man” approach to the 22nd Amendment. (The Atlantic.)
Steve Hirsch, John Hill, and Christie Wentworth argued that U.S. marshals cannot lawfully defy court orders, and that if they do, federal courts still have a number of ways to enforce their orders. (Just Security.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Doe: Government filed application on May 8 to stay pending appeal district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Court requested response by May 15 at 4:00 p.m.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal 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.
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal district court order that granted universal relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Plaintiffs filed response on May 8. Government filed reply on May 9.
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. Government filed supplemental brief on May 12. Plaintiffs filed supplemental brief on May 14.
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 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 set oral argument for May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal 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 set oral argument for May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal 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 set oral argument for May 15.
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