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A federal grand jury indicted former FBI Director James Comey on Thursday on one count of making a false statement and one count of obstruction of a congressional proceeding. (Indictment.) (NYT.) See yesterday’s Roundup for background.
The Justice Department is suing six states to gain access to statewide voter rolls. (NYT.)
President Trump signed an executive order on Thursday delaying enforcement of the TikTok ban until mid-January. (Executive Order.) (NYT.)
President Trump announced on Thursday that he will issue new tariffs on pharmaceuticals, semi trucks, kitchen cabinets and furniture in accordance with Section 232 of the Trade Expansion Act of 1962. (NYT.)
Deputy Attorney General Todd Blanche issued a directive on Monday instructing a number of U.S. Attorney’s Offices to draft plans to investigate Open Society Foundations, a global grant network founded by George Soros. (NYT.)
In the latest Executive Functions Chat, Jack Goldsmith and Keith Whittington discussed Trump’s constitutional ambitions, judicial supremacy versus departmentalism, and whether Trump will defy the Court. (Executive Functions.)
Dan Maurer argued that the United States’ recent strikes on Venezuelan vessels cast doubt on the ability of military lawyers to provide unbiased domestic and international legal analysis under the current administration. (Lawfare.)
Samuel Estreicher and Malcolm Girand argued that Trump v. CASA leaves open loopholes that continue to allow for partisan exploitation of nationwide injunctions. (Lawfare.)
Steve Vladeck argued that the Supreme Court’s recent interim orders on the president’s removal power changed the standard for how stare decisis works in the context of interim relief. (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.
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.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day, and the Separation of Powers Clinic submitted an amicus brief supporting the government. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25.
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, and the Department of State, et al. filed a reply on September 15.