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As demonstrations in the Los Angeles area continued, the Trump administration on Monday directed 2,000 additional members of the California National Guard into federal service and mobilized a battalion of 700 Marines to respond to the protests, bringing the total number of troops assigned to the area to approximately 4,700. (NYT.)
The state of California on Monday filed a complaint in federal district court challenging the Trump administration’s mobilization of the National Guard. (Complaint.)
Bob Bauer and Jack Goldsmith discussed California’s complaint, why the state filed it, the administration’s legal strategy, and the politics of the situation. (Executive Functions.)
Judge David Briones (W.D. Tex.) on Monday determined that Trump’s Alien Enemies Act (AEA) proclamation is unlawful because it, among other things, fails to satisfy the AEA’s statutory preconditions. Judge Briones granted permanent injunctive relief that prevents the government defendants from removing a detained Venezuelan national and a certified class of “noncitizens in custody in the Western District of Texas who were, are, or will be subject to” Trump’s AEA proclamation from the United States pursuant to the proclamation. Judge Briones also imposed notice requirements. (Order and opinion granting petition and issuing writ of habeas corpus.) (Final judgment and permanent injunction.)
Judge Denise Cote (S.D.N.Y.) on Monday granted in part a preliminary injunction preventing the disclosure of Office of Personnel Management records of federal government employees to DOGE-affiliated individuals. The terms of the injunction will be decided in a forthcoming order. (Order and opinion.)
In an apparent challenge to Trump’s announcement more than a week ago that he was firing the director of the National Portrait Gallery, Kim Sajet, the Smithsonian board said Monday that “[a]ll personnel decisions are made by and subject to the direction of the secretary, with oversight by the board.” Sajet continues to report to work. (NYT.) (WAPO.)
Samuel Issacharoff and Derek Muller argued that the Judicial Panel on Multidistrict Litigation may provide a solution to the forum-shopping problem associated with nationwide injunctions. (Just Security.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Linda McMahon v. State of New York: Government filed application on June 6 to stay district court preliminary injunction that barred the government from taking actions to dismantle the Department of Education. Justice Jackson requested response to application by June 13 at 4:00 p.m.
Trump v. American Federation of Government Employees: Government filed application on June 2 to stay district court universal injunction that blocked the government from implementing Trump’s executive order directing federal agencies to implement reductions-in-force. Plaintiffs filed response on June 9. Government filed reply on June 10.
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction that barred the government from deporting individuals to third countries without providing appropriate process. Plaintiffs filed response on June 4. Government filed reply on June 5.
Trump v. Washington: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. New Jersey: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. CASA: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.