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Judge Charles Breyer (N.D. Cal.) yesterday evening enjoined the Trump administration from deploying the California National Guard in Los Angeles. A three-judge panel of the Ninth Circuit Court of Appeals stayed the ruling, ordered expedited briefing, and scheduled a hearing on the government’s emergency motion for a stay on June 17 at 3:00 p.m. EDT. (Judge Breyer’s order and opinion.) (Ninth Circuit’s stay.)
Bob Bauer and Jack Goldsmith discussed the district court’s ruling, where they thought it fell short, and the extent to which the Trump administration’s out-of-court statements influence how courts consider matters involving the government. (Executive Functions.)
Michael McConnell argued that principles of federalism espoused at the founding support the Trump administration’s position in the Los Angeles dispute. (The Volokh Conspiracy.)
Chris Mirasola argued that the Justice Department’s argument in its motion opposing California’s complaint departs from the Defense Department’s existing understanding of Posse Comitatus exceptions and does not comport with the statute's context at the time of enactment or its location in the U.S. Code. (Lawfare.)
Judge Denise Casper (D. Mass.) on Friday issued a preliminary injunction barring the Trump administration from enforcing certain sections of Trump’s executive order entitled, “Preserving and Protecting the Integrity of American Elections.” One section enjoined by Judge Casper directed the Election Assistance Commission to “take appropriate action to require, in its national mail voter registration form … documentary proof of United States citizenship.” (Order.) (Opinion.)
Paul Rosenzweig contended that the Supreme Court in its recent removal decision “wanted to endorse the unitary-executive theory, but it created an exception for the Federal Reserve because the implications of its reasoning were too severe to tolerate.” (The Atlantic.)
Marc Thiessen described the U.S. attorney for the central district of California’s strategy for “compel[ling] California’s cooperation” in the federal government’s deportation operations. (WAPO.)
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 today 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.