Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions. Executive Functions is hiring an executive editor. See this post for details.
Judge Beryl Howell (D.D.C.) on Friday struck down the entire executive order targeting Perkins Coie. Judge Howell determined that the order violated the First, Fifth, and Sixth Amendments. (Order.) (Opinion.)
The government on Friday filed an application in the Supreme Court requesting that the Court stay a district court preliminary injunction that required the Social Security Administration to prevent DOGE from accessing personally identifiable information possessed by the agency. Chief Justice Roberts requested a response to the application by May 12 at 4:00 p.m. See a prior Roundup for the Fourth Circuit’s en banc denial of the government’s request for a stay of the injunction. (Application.)
A divided three-judge panel of the D.C. Circuit on Saturday stayed a district court ruling that required the government to “take all necessary steps to return [U.S. Agency for Global Media] employees and contractors to their status prior” to Trump’s issuance of a March executive order targeting the agency. Judge Cornelia Pillard wrote a dissenting statement. (Order and statements.) (Politico.)
Judge Timothy Kelly (D.D.C.) on Friday denied a motion for a preliminary injunction from three nonprofit organizations challenging provisions in three executive orders related to diversity, equity, and inclusion. (Order.) (Opinion.)
Jack Goldsmith argued that much of the aggressive executive action the Trump administration is taking stems from similar, less extreme actions in prior presidencies. Goldsmith also considered the most prudent directions for reform of the presidency. (New York Times.)
Bob Bauer and Goldsmith discussed Goldsmith’s Times piece. (Executive Functions.)
Steve Vladeck assessed the Supreme Court’s options for handling a loaded emergency docket. (One First.)
Ilya Somin argued that the major questions doctrine applies to the president. (The Volokh Conspiracy.)
Paul Rosenzweig evaluated the impact of Trump’s transformation of the Department of Justice. (The Atlantic.)
Lee Bollinger argued that universities deserve special First Amendment protections, similar to those granted to the press. (The Atlantic.)
Alan Raul argued against courts’ embrace of expansive executive power. (WAPO.)
Cass Sunstein contended that requiring “viewpoint diversity” in universities violates the First Amendment. (Cass’s Substack.)
Adrian Vermeule argued that certain limits on judicial power are inherent to the rule of law. (The New Digest.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Court requested response by May 12 at 4:00 p.m.
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal district court order that granted nationwide relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Court requested response by May 8 at 5:00 p.m.
United States v. Shilling: Government filed application on April 24 to stay pending appeal district court nationwide injunction that barred implementation of a Defense Department policy excluding transgender individuals from military service. Plaintiffs filed response to application on May 1. Government filed reply on May 2.
A.A.R.P. v. Trump: Plaintiffs filed application on April 18 to enjoin the government from deporting Venezuelan individuals and a putative class under the Alien Enemies Act. Court on April 19 enjoined the government from carrying out the deportations (dissent). Government filed response on April 19. Plaintiffs filed reply on April 21.
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions barring the firing of board members of the NLRB and MSPB. Chief Justice Roberts on April 9 stayed district court injunctions. Plaintiffs filed responses to the government’s application on April 15. Government filed reply on April 16.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court nationwide 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 set oral argument for May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court nationwide 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 set oral argument for May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court nationwide 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 set oral argument for May 15.