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Judge Michael Farbiarz (D.N.J.) on Wednesday issued a preliminary injunction preventing the government from detaining or removing Columbia graduate student Mahmoud Khalil from the United States based on the secretary of state’s determination that Khalil’s activities and presence in the United States “compromise a compelling … foreign policy interest.” Judge Farbiarz stayed his order until June 13 at 9:30 a.m. (Order and opinion.)
A Trump administration official reportedly said that the “White House does not adhere to the Justice Department’s manual for clemency actions.” (WAPO.)
The 12 board members of the Fulbright program resigned on Wednesday after the Trump administration, according to the board, “usurped the authority of the Board,” including by “den[ying] Fulbright awards to a substantial number of individuals who were selected for the 2025-2026 academic year.” (NYT.) (Resignation statement.)
Benjamin Wittes argued that the Justice Department is, in certain cases related to the administration’s political aims, charging people whom it is not confident it can convict. (Lawfare.)
President Trump relied on 10 U.S.C. § 12406 to federalize the National Guard in and around Los Angeles. William Banks and Mark Nevitt argued that Trump has invoked another authority whose use could “create[] enormous risk, undermine[] military readiness, and threaten[] the longstanding traditions of separating military functions from civil society.” (Just Security.)
Joshua Braver discussed the tension between obedience and ethical service for members of the military. (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
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.