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Deputy White House Chief of Staff Stephen Miller said Friday, “[T]he Constitution is clear. And that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So that's an option we're actively looking at. Look, a lot of it depends on whether the courts do the right thing or not.” Miller’s comments followed Trump’s implicit reference to the suspension of habeas 10 days prior. (PBS.) (Trump’s reference to habeas.)
Jack Goldsmith argued that it’s not clear whether the administration is suggesting it may suspend habeas corpus unilaterally, or whether it is considering asking Congress for authorization to do so. He also analyzed why the administration is “trolling about habeas.” (Executive Functions.)
Steve Vladeck argued that Miller mischaracterized the threshold for suspending habeas, that congressional authorization is necessary to suspend habeas in almost all cases, and that Miller is suggesting that “judicial review … is just a convenience.” (One First.)
Jonathan Adler argued, in light of the habeas comments, that the president cannot unilaterally suspend the writ. (The Volokh Conspiracy.)
“The Trump administration plans to accept a luxury Boeing 747-8 plane as a donation from the Qatari royal family that will be upgraded to serve as Air Force One,” according to the New York Times. The plane would be donated to Trump’s presidential library when he leaves office. Attorney General Pam Bondi and White House Counsel David Warrington reportedly concluded in a legal analysis that Trump could accept the plane. (NYT.)
Judge Wesley Hendrix (N.D. Tex.) on Friday refused to certify a class of individuals representing all noncitizens in detention in the Northern District of Texas “who were, are, or will be” subject to Trump’s Alien Enemies Act (AEA) proclamation. Judge Hendrix stayed his order pending further action from the Supreme Court, which has stayed AEA deportations from the Northern District of Texas. See a prior Roundup for the Supreme Court’s order. (Order.)
Judge Susan Illston (N.D. Cal.) on Friday issued a temporary restraining order enjoining the government from enforcing two sections of an executive order directing federal agencies to conduct significant workforce reductions and to evaluate the possibility of eliminating or consolidating agencies or parts of agencies. On Monday, the government filed a motion in the Ninth Circuit for a stay pending appeal. (Order.) (Motion for stay in the Ninth Circuit.)
Chris Geidner summarized the order. (Law dork.)
The New York Times reported on the auction for a seat at Trump’s memecoin-leaderboard dinner and on the motivations of the bidders. (NYT.)
The Wall Street Journal editorial board argued that the dinner “raises the appearance of a conflict of interest in selling access to the President” and criticized other Trump crypto conflicts. (WSJ.)
Samuel Bray described the arguments in favor of universal injunctions, ahead of oral argument in the birthright citizenship cases. (Divided Argument.)
Neal Katyal argued that Trump is barred not only from directly requesting that the IRS audit or investigate Harvard, but that less direct means of influence are also illegal. (WSJ.)
Nema Milaninia analyzed a recent executive order that imposed sanctions on the International Criminal Court and lawsuits challenging the order. (Lawfare.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Doe: Government filed application on May 8 to stay pending appeal district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Court requested response by May 15 at 4:00 p.m.
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. Plaintiffs filed response on May 12.
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal district court order that granted universal relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Plaintiffs filed response on May 8. Government filed reply on May 9.
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 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 set oral argument for May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal 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 set oral argument for May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal 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 set oral argument for May 15.
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