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A panel of the First Circuit on Saturday denied the Justice Department’s motion to stay a lower court ruling that barred federal agencies from implementing certain provisions of President Trump’s March 31 elections executive order in 23 states and the District of Columbia. The court concluded that the government had not shown it was likely to succeed on its arguments that the plaintiff states lacked standing or that their claims were unripe. (Order) (Bloomberg.) (NYT.)
Since the Supreme Court’s Temporary Protected Status decision in Mullin v. Doe, three district judges have temporarily preserved TPS designations while considering newly asserted constitutional challenges. (CNN.) On Friday, after two district court judges issued administrative stays blocking the Trump administration from ending TPS designations for South Sudan and Ethiopia, Department of Homeland Security General Counsel James Percival accused the judges of “open defiance of” and “mutiny against” the Supreme Court.
CBS News reports that ICE “has made plans to ramp up operations to arrest and deport Haitian migrants, as hundreds of thousands of Haitians brace for the termination of their legal status.” Haiti’s TPS designation is set to expire today. (CBS.)
The Department of Energy acknowledged in a July 15 court filing that it recommended terminating more than 600 clean-energy grants “based solely on the political identity” of the recipient’s state before the Office of Management and Budget ultimately terminated 284 of them. (Filing.) (NYT.) (CNN.)
Jack Goldsmith spoke with former DHS Secretary and Pentagon General Counsel Jeh Johnson about an article Johnson recently co-authored entitled “Presidential War Powers: Executive Expansion and Congressional Retreat.” (Executive Functions.)