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Judge Lindsay Jenkins (N.D. Ill.) on Friday dismissed the government’s suit against Illinois, the Cook County Board of Commissioners, the City of Chicago, and individual officials, which alleged that their sanctuary policies are preempted by federal law and violate the intergovernmental immunity doctrine. (Order and Opinion.)
Judge Carl Nichols (D.D.C.) on Friday dismissed for lack of jurisdiction a suit brought by organizations representing USAID employees against the government that alleged that the government defendants “were violating the Constitution and the APA by ‘dismantl[ing]’ USAID through their funding pause, administrative leave placements, and related actions.” See more background on this case in a prior Roundup. (Order.) Judge Nichols also denied a motion to preliminarily enjoin the government from terminating USAID contractors, concluding that the court likely lacks jurisdiction over the claims. (Order.) (Opinion.)
Judge Colleen McMahon (S.D.N.Y.) preliminarily enjoined the National Endowment for the Humanities (NEH) and DOGE from effectuating the mass cancellation of grants that had been awarded to a putative class of members of the Authors Guild and directed the government defendants not to re-obligate any funds associated with those grants until trial on the merits. Judge McMahon also dismissed claims related to the NEH’s cancellation of future grants, the placement of employees on leave, and discontinuation of certain programs and divisions. (Order.)
Three former Justice Department employees filed suit against the government alleging that they were terminated unlawfully. (Complaint.) (NYT.)
After placing nearly $7 billion in funding to public schools under review on June 30, on Friday, the White House announced it would release $5.5 billion of the frozen education funds. As covered in a prior Roundup, 24 states and the District of Columbia had sued the administration over the original withholding, and the case is currently pending. (WAPO.)
In connection with the New Jersey U.S. Attorney controversy, Steven Calabresi argued that, under 28 U.S.C. § 546, the Attorney General can reappoint Interim U.S. Attorneys whose 120-day appointments have expired without the Senate having voted on their nomination and that the portion of § 546 allowing federal district court judges to appoint Interim U.S. Attorneys is unconstitutional. See prior Roundups for background on the controversy. (The Volokh Conspiracy.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
National Institutes of Health, et al. v. American Public Health Association, et al.: Government filed application on July 24 to stay district court order that prevented the National Institutes of Health from canceling grants that, according to the administration, are related to DEI and “gender ideology.”