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Chief Judge Denise J. Casper (D. Mass.) on Wednesday denied the Trump administration’s motion to dismiss a suit brought by a coalition of states challenging an executive order requiring documentary proof of citizenship to vote. (Memorandum Order & Opinion.)
Judge Lewis A. Kaplan (S.D.N.Y.) on Wednesday granted a preliminary injunction ordering the government to comply with specific conditions of detention for plaintiffs being held in a NYC immigration detention center who were previously subject to inhumane conditions. (Order.) (Opinion.) (NYT.)
President Trump said on Wednesday that he will designate the left-wing movement antifa as a “major terrorist organization,” pledging to strongly recommend that individuals funding antifa “be thoroughly investigated in accordance with the highest legal standards and practices.” (Politico.)
The broadcasting network ABC has announced that it will suspend “Jimmy Kimmel Live” indefinitely. The move came hours after the chairman of the Federal Communications Commission, Brendan Carr, assailed Jimmy Kimmel for his remarks on Monday evening regarding the murderer of Charlie Kirk and suggested that the F.C.C. may take action against ABC. (NYT.)
The Department of Justice announced yesterday that it is suing Oregon and Maine to obtain voter registration data, arguing that the states are not providing enough data to prove compliance with federal voter list maintenance laws. (Oregon Complaint.) (Maine Complaint.) (NPR.)
Joshua Claybourn discussed the legal basis and procedures for importers to recover unlawfully collected duties in the event that the IEEPA tariffs are definitively invalidated. (Lawfare.)
Annie Shiel, John Ramming Chappell, Priyanka Motaparthy, Wells Dixon, and Daphne Eviatar analyzed the legal issues raised by the Trump administration’s strikes on alleged drug smugglers and called upon Congress to take action. (Just Security.)
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.