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The Supreme Court on Thursday stayed a district court order that had blocked the National Institutes of Health from canceling $780 million in grants that the government claims was intended for D.E.I., “gender ideology,” and vaccine hesitancy research. The Court left in place the district court’s order declaring unlawful and vacating internal NIH guidance describing the agency’s policy priorities. (Order.) (NYT.)
A three-judge panel of the D.C. Court of Appeals on Thursday decided per curiam to vacate and remand a district court preliminary injunction ordering the government to facilitate the return of 252 Venezuelan nationals deported to El Salvador. The court stated that the Venezuelan nationals “are, or soon will be” free in Venezuela due to a diplomatic agreement between El Salvador and Venezuela, and these intervening circumstances justified vacating the injunctive relief and remanding for further proceedings. (Order & Opinion.) (Mandate.)
Judge Kathleen M. Williams (S.D. Fla.) on Thursday entered a preliminary injunction prohibiting state and federal officials from continuing construction on the “Alligator Alcatraz” detention center and bringing in new detainees to the center. The state government appealed the decision on the same day. (Order.) (Notice of Appeal.) (NYT.)
Judge Matthew W. Brann (M.D. Pa.) on Thursday granted defendants’ motions to disqualify Alina Habba from participating in their prosecution on the ground that “Ms. Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025.” (Order.) (Opinion.) See prior Roundups and a video conversation between Jack Goldsmith and Anne Joseph O’Connell for background on the controversy.
A panel of the Ninth Circuit Court of Appeals on Thursday denied the government’s motion for a partial stay pending appeal of a district court preliminary injunction ordering three government agencies to reinstate grants to University of California researchers that were terminated pursuant to executive orders targeting D.E.I. (Order & Opinion.)
A five-judge panel of the New York Appellate Division, First Judicial Department on Thursday voted to vacate a $500 million disgorgement award related to a civil fraud case against President Trump. (Order & Opinions.) (WSJ.)
Judge Sparkle L. Sooknanan (D.D.C.) on Thursday granted in part and denied in part plaintiffs' motion for a preliminary injunction ordering that the State Department process and adjudicate plaintiffs’ visas and prohibiting it from issuing refusals based on 8 U.S.C. § 1182(f) or Proclamation 10949, which the department previously relied on to deny visas to plaintiffs from Afghanistan, Burma, Togo, Somalia, and Iran. (Order.) (Opinion.) (Politico.)
The State Department on Thursday announced that it will conduct continuous vetting of all 55 million foreigners in the United States. (WaPo.)
The Office of Management and Budget is planning not to release half of the funds allocated by Congress to the President’s Emergency Plan for AIDS Relief (PEPFAR) program, effectively cutting those funds, according to sources working on the program. (NYT.)
Bob Bauer argued that President Trump's announced plan for a new executive order to end the use of voting machines and mail-in voting sets up a partisan loyalty test for election officials around the country. (Executive Functions.)
David French argued that the Article II Vesting Clause should be amended to read "A president of the United States of America shall execute laws passed by Congress” to rebalance power among the branches of federal government. (NYT.)
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.