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The solicitor general on Monday asked the Supreme Court to issue an immediate administrative stay of a district court order, upheld by the First Circuit on Saturday, which barred the Trump administration from implementing portions of the president’s March 31 executive order on mail-in voting in 24 jurisdictions. (Emergency Application.) (Politico.) (WSJ.) For background, see yesterday’s Roundup.
Judge John Cronan (S.D.N.Y.) on Monday dismissed a challenge to President Trump’s Religious Liberty Commission and denied plaintiffs’ request for a preliminary injunction that would have blocked the commission from issuing its report. The court held that only President Trump has authority to appoint commission members, but that the president is not an “agency” subject to suit under the Administrative Procedure Act and that plaintiffs failed to show he violated a “clear nondiscretionary duty” that would warrant mandamus relief. (Opinion and Order.) (AP.)
Former FBI Director James Comey on Monday filed a motion to dismiss on First Amendment grounds an indictment alleging he threatened President Trump’s life by posting a photo of seashells arranged to read “86 47.” (Motion.) (Memorandum in Support.) Comey’s lawyers are expected to submit additional filings today arguing that the case against him is the product of selective and vindictive prosecution. (NYT.) Noting Comey’s Oct. 21 trial date, Andrew McCarthy wrote he would be “very surprised if there is a trial.” (National Review.)
The Justice Department on Monday moved to dismiss without prejudice its case against David Huerta, a California labor leader arrested last summer for allegedly impeding the work of federal immigration agents. (Motion.) (NYT.) Judge Stanley Blumenfeld, Jr. (C.D. Cal.) granted the motion and ordered that the dismissal will automatically convert to one with prejudice on Aug. 27. (Order to Dismiss.)
U.S. Citizenship and Immigration Services on Monday announced a rule change that would allow the agency to refer certain asylum applications to immigration judges without first interviewing the individual. USCIS framed the change as an effort to reduce the asylum backlog. (Interim Final Rule.) (Press Release.) (Bloomberg.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. California: The government filed an emergency application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.