Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
President Trump on Thursday petitioned the Supreme Court for an immediate administrative stay and a stay pending appeal of a district court preliminary injunction barring him from removing Federal Reserve Governor Lisa Cook. (Application.) (NYT.)
Merit Systems Protection Board member Cathy Harris on Thursday petitioned the Supreme Court to consolidate her case challenging her removal from the Board with Trump v. Slaughter if the Court decides to grant the government’s pending petition for a writ of certiorari before judgment in the Slaughter case. The Supreme Court in Trump v. Wilcox stayed pending appeal a district court injunction reinstating Harris to her board position but had denied the government’s petition for a writ of certiorari before judgment. (Petition.)
A panel of the Ninth Circuit Court of Appeals on Wednesday denied the government's request for an immediate administrative stay and a stay pending appeal of a district court order vacating Department of Homeland Security Secretary Kristi Noem’s termination of Temporary Protective Status (TPS) for Venezuelans. (Order.) For background on the legal proceedings, see a prior Roundup.
Judge Timothy J. Kelly (D.D.C.) on Thursday certified a class of certain unaccompanied Guatemalan children in the custody of the Department of Health and Human Services (HHS) and issued a preliminary injunction temporarily prohibiting the government from removing class members from the country. Kelly stated a government lawyer had falsely represented to the court that executive agencies were attempting to “reunify children with parents who had requested their return” when it set in motion an operation to deport the children in the middle of the night of a holiday weekend. (Memorandum Opinion.) (WAPO.) See prior Roundups for background on the litigation to block the deportations.
Attorneys for Mahmoud Khalil revealed in federal court filings on Wednesday that they intend to appeal an immigration judge’s decision ordering Kahlil removed to Algeria or Syria. (Filing.) (Politico.)
President Trump told reporters Thursday that regulators should consider revoking the licenses of broadcasters who air negative coverage of him. (NYT.)
Stuart Benjamin argued Federal Communications Commission (FCC) Chair Brendan Carr’s allegation that Jimmy Kimmel committed news distortion against the public interest is an unprecedented application of FCC regulations and unsupported by case law. (The Volokh Conspiracy.)
Ilya Somin argued that the Trump administration’s threats to revoke broadcasters’ licenses offered credence to longstanding libertarian arguments to abolish the FCC. (The Volokh Conspiracy.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Department of State v. AIDS Vaccine Advocacy Coalition: The government filed an emergency application on September 8 requesting the Supreme Court partially stay a district court injunction ordering the Trump administration to spend $4 billion in funds by September 30. The Supreme Court granted the government’s request for a partial stay pending further order of the Court and ordered a response to the government’s application on or before September 12. Respondents Global Health Council, et al. filed a response on September 12, and the Department of State, et al. filed a reply on September 15th.
Trump v. Slaughter: The government filed an emergency application on September 4 requesting the Supreme Court stay a district court decision to allow the firing of FTC Commissioner Rebecca Slaughter to proceed. The Supreme Court granted the government’s request for an administrative stay and ordered a response to the government’s application on or before September 15th. Rebecca Slaughter, et al. filed a response on September 15th, and Donald Trump, et al. filed a reply in support of the application for a stay on September 16th.