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Judge Allison Burroughs (D. Mass.) on Thursday issued a temporary restraining order (TRO) preventing the government from implementing President Trump’s proclamation that would bar foreign students from entering the country to attend Harvard. Judge Burroughs also extended a TRO she previously issued against the government’s attempted revocation of Harvard’s Student and Exchange Visitor Program certification. See prior Roundups here, here, and here for background. (Order.) (Harvard’s amended complaint.) (Motion for TRO.) (Memorandum in support of motion for TRO.)
Benjamin Wittes argued that the First Amendment limits the reach of one of the statutes Trump cited in the proclamation. (Lawfare.)
A divided three-judge panel of the D.C. Circuit Court of Appeals on Thursday denied the government’s motion for a stay of a district court order that prevented the Trump administration from removing the CEO of the Inter-American Foundation, Sara Aviel, from her position. Judge Gregory Katsas wrote a concurring statement, joined by Judge Cornelia Pillard. Judge Neomi Rao wrote a dissenting statement. See the district court’s preliminary injunction in a prior Roundup. (Order and statements.)
Judge John McConnell (D.R.I.) on Thursday denied the government’s motion for a stay of a preliminary injunction that prevented it from enforcing Trump’s “Continuing the Reduction of the Federal Bureaucracy” executive order as to three agencies. (Order.) (Preliminary injunction.)
Judge Naomi Reice Buchwald (S.D.N.Y.) on Thursday enjoined the government from arresting or transferring out of the Southern District of New York a Columbia student and pro-Palestinian activist whose presence in the United States the State Department has determined would harm the national interest. (Order.)
Anne Joseph O’Connell assessed the legal issues related to the Trump administration’s attempt to assert control at the Library of Congress. (Lawfare.)
Jed Rubenfeld and Philip Zelikow continued their exchange over whether the Smoot-Hawley Act provides support for Trump’s tariffs—specifically whether the relevant provision in the act has been implicitly repealed. (The Volokh Conspiracy.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
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. Justice Kagan requested response to application by June 9 at 12:00 p.m.
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.
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay two district court orders that provided 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 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.