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The government on Thursday filed an application in the Supreme Court for a stay of a district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. (Application.)*
The full D.C. Circuit Court of Appeals on Wednesday voted seven to four to administratively stay two D.C. Circuit panel stay rulings in cases involving the disbursement of government grants from the U.S. Agency for Global Media. This latest order by the full court will require the government to disburse more than $25 million in grant funds. (En banc order and Judges Katsas and Rao dissenting statements.)
President Trump said on Thursday that he will replace interim D.C. U.S. Attorney Ed Martin. (WAPO.)
A three-judge panel of the Second Circuit Court of Appeals on Wednesday ordered the government to transfer Tufts doctoral student Rumeysa Ozturk to be held in custody in Vermont, in line with an earlier district court transfer order. (Order and opinion.)
Judge Brian Murphy (D. Mass.) on Wednesday clarified that a preliminary injunction he previously issued that “requires all third-country removals to be preceded … by written notice to both the non-citizen and the non-citizen’s counsel … as well as a meaningful opportunity for the non-citizen to raise a fear-based claim for [torture-related protection against deportation]” prevents the government from carrying out “allegedly imminent removals” of noncitizens to Libya and other countries. (Motion for temporary restraining order seeking to prevent removals.) (Order.) (Earlier preliminary injunction.)
Judge James Boasberg (D.D.C.) held a hearing on Wednesday in the original, though evolved, Alien Enemies Act deportation case to determine, among other things, whether the government has “constructive custody” over the Venezuelan nationals who were transferred to the supermax prison in El Salvador in March. (Lawfare.)
Bob Bauer and Jack Goldsmith discussed reports of significant corrupt conduct in Trump 2.0, the reasons for the limited public reaction, what might stir up a stronger reaction, the potential for reform, and more. (Executive Functions.)
Benjamin Wittes considered the potential criminal liability for people “taking part in the Trump crypto grift.” (Lawfare.)
Steve Vladeck argued that “universal relief can provide a uniquely effective check on a government that is so regularly and transparently trying to manipulate procedural rules to thwart judicial review.” (One First.)
Samuel Bray answered three foundational questions about universal injunctions. (Divided Argument.)
Quinta Jurecic assessed how courts are handling Trump 2.0 matters differently from how courts handled Trump 1.0 matters. (Lawfare.)
Scott Roehm and Rebecca Ingber analyzed a recently introduced bill that would require the Trump administration to provide information to Congress related to the government’s transfers to El Salvador. (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. Court requested response by May 12 at 4:00 p.m.
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal district court order that granted nationwide relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Plaintiffs filed response on May 8.
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.
*This blurb has been corrected. It previously said that the district court had revoked the authorizations. But of course, the government revoked the authorizations, and the district court blocked that move.