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The Justice Department on Thursday requested that Judge Michael H. Simon (D. Or.) recuse himself from Oregon’s suit against the Trump administration for federalization of Oregon’s National Guard based on public criticisms of the order by his wife, Rep. Suzanne Bonamici. (Suggestion of Recusal.) Judge Simon recused but explained that he did so not because the recusal was required by federal law or judicial ethics, but rather to ensure the focus of the lawsuit remains on the “critically important constitutional and statutory issues presented by the parties.” (Order.) (Reuters.) See a previous Roundup for background on the case.
President Trump on Thursday sent a confidential notice to several Congressional committees declaring that the U.S. is in an “armed conflict” with drug cartels designated as terrorist groups and justifying his administration’s recent strikes on Venezuelan drug smuggling vessels as targeting “unlawful combatants.” (NYT.) See a previous Roundup for background on the strikes.
Trump on Thursday called the government shutdown an “unprecedented opportunity” to make cuts to federal agencies. (NYT.) According to the Washington Post senior federal officials have privately warned agencies that mass layoffs could violate appropriations law. (WaPo.)
The Trump administration on Wednesday transferred the last 18 migrants held at the U.S. Navy base at Guantanamo back to the United States. (NYT.)
FBI Director Kash Patel on Wednesday announced that he was cutting the FBI’s ties with the Anti-Defamation League, a Jewish civil rights group with which it had worked to provide civil rights and hate crime training to state and local law enforcement agencies. (WaPo.)
Erwin Chemerinsky criticized the administration’s proposed “compact” with universities as unconstitutional extortion and an attempt to circumvent the legislative and judicial branches. (NYT.) See yesterday’s Roundup for background on the compact.
Steve Vladeck criticized the Trump administration’s memorandum directing federal agencies to investigate alleged domestic terrorist organizations as an effort to pressure non-governmental organizations into self-censoring. (One First.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. National TPS Alliance: The government filed an emergency application on September 19 requesting the Supreme Court to stay a district court order granting summary judgement that blocked the termination of TPS protection. The application also requested an immediate administrative stay of the judgement while the Court considers the full stay request. The National TPS Alliance filed an opposition to the request on the same day. On September 29, National TPS Alliance filed a response. Noem filed a reply on September 30.
Trump v. Orr: The government filed an emergency application on September 19 requesting the Supreme Court to stay an injunction issued by a district court that requires the State Department to allow transgender and nonbinary people to choose the sex designation on their passports. Justice Jackson formally set a deadline of October 4 for a response to the application.