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The D.C. Circuit Court of Appeals on Monday denied the government’s requests for an administrative stay and stay pending appeal, allowing Lisa Cook to temporarily remain on the Federal Reserve Board of Governors. (Order & Opinion.) (NYT.)
Judge Tanya S. Chutkan (D.D.C.) on Monday denied plaintiffs’ emergency motions for a temporary restraining order and interim relief, stating that the court does not have jurisdiction to order the return of five men who were deported to Ghana. (Memorandum Opinion & Order.) (Politico.)
Former AUSA Maurene Comey sued the Trump administration on Monday, alleging that she was illegally fired due to perceived political affiliation and her relation to former FBI director James Comey. (Complaint.) (WaPo.)
President Trump filed a $15 billion defamation suit against the New York Times and Penguin Random House on Monday. (Complaint.) (Politico.)
Bob Bauer, responding to Jack Goldsmith, argued that the Federal Circuit was correct in ruling that the International Emergency Economic Powers Act did not authorize President Trump’s tariffs. (Executive Functions.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Department of State v. AIDS Vaccine Advocacy Coalition: The government filed an emergency application on September 8 requesting the Supreme Court partially stay a district court injunction ordering the Trump administration to spend $4 billion in funds by September 30. The Supreme Court granted the government’s request for a partial stay pending further order of the Court and ordered a response to the government’s application on or before September 12. Respondents Global Health Council, et al. filed a response on September 12. The government filed a reply on September 15.
Trump v. Slaughter: The government filed an emergency application on September 4 requesting the Supreme Court stay a district court decision to allow the firing of FTC Commissioner Rebecca Slaughter to proceed. The Supreme Court granted the government’s request for an administrative stay and ordered a response to the government’s application on or before September 15th.