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Judge Deborah Boardman (D. Md.) on Wednesday issued a second preliminary injunction in CASA v. Trump, finding that the Aug. 2026 birthright citizenship executive order the president issued after losing Trump v. Barbara “is likely unconstitutional as applied to the certified class.” (Opinion.) (Order.) (NYT.)
Judge Frank P. Geraci, Jr. (W.D.N.Y.) on Tuesday granted the City of Rochester’s motion to dismiss the Trump administration’s lawsuit against its sanctuary city laws and policies. (Decision & Order.)
A coalition of 21 states and the District of Columbia on Wednesday filed suit in the U.S. District Court for the District of Massachusetts, challenging a final rule recently issued by the Centers for Medicare and Medicaid Services, which prohibits states from using Medicaid or Children’s Health Insurance Program funds for certain types of gender-affirming care for minors. (Complaint.) (NYT.)
The Justice Department’s Office of Legal Counsel on Tuesday issued an opinion concluding that the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) requires “all component agencies within a state” that participates in certain federal welfare programs to report to the federal government any person whom any state agency knows is present in the country unlawfully. The opinion withdrew the Office’s prior opinion from 1998, which had concluded that the PRWORA reporting requirement applied only to the “state agencies administering the particular federally funded program.” (Opinion.)
The United States Postal Service (USPS) has continued to develop a mail-in ballot screening portal as it appeals Judge Indira Talwani’s (D. Mass.) temporary restraining order. The Postal Service claims the order “permits States’ voluntary participation in… USPS’s online portal.” (Emergency Stay Motion.) (NYT.)
William Baude argued the Purcell principle will not apply to the USPS’s final mail-in ballot rule because the rule “is not an election regulation.” (Divided Argument.)
Leah Litman argued that the separation-of-powers rationale in the Supreme Court’s White House ballroom interim order “got the constitutional problem precisely backwards.” (The Atlantic.) Steve Vladeck argued that the interim order “offers potentially important lessons about two of the justices, the Court’s procedures, and its sensitivity to certain types of public criticism.” (OneFirst.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
National Republican Congressional Committee v. Brown: The National Republican Congressional Committee and the National Republican Senatorial Committee filed an application on August 28 requesting the Supreme Court to stay a Fourth Circuit decision setting aside a Federal Communications Commission public notice on preferential broadcast rates for political advertising. On August 31, the Chief Justice requested a response by noon on September 3. The United States and the Federal Communications Commission filed a response supporting the application on August 31.