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The Supreme Court on Friday granted the government’s application for a stay of a district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Justice Jackson wrote a dissenting opinion joined by Justice Sotomayor. See the government’s application in a prior Roundup. (Order.)
Jack Goldsmith critically analyzed the two rulings against Trump’s IEEPA tariffs and argued that the decisions didn’t engage seriously with the major questions doctrine, which he views as perhaps the most important legal issue related to the tariffs. (Executive Functions.)
Ilya Somin described some of the differences between the Court of International Trade’s IEEPA tariffs opinion and the D.C. District Court’s opinion. (The Volokh Conspiracy.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction barring the government from deporting individuals to third countries without providing appropriate process. Justice Jackson requested a response to the government’s application by 4:00 p.m. on June 4.
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay two district court orders providing for discovery into DOGE. Plaintiff filed response on May 23. Chief Justice Roberts on May 23 stayed district court orders. Government filed reply on May 24.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.
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 to application 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 to application 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 to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.