Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Supreme Court on Tuesday stayed a district court preliminary injunction blocking the implementation of an executive order that, among other things, directed large-scale reductions in force across the federal government. The Court explained, “The District Court enjoined further implementation or approval of the plans based on its view about the illegality of the Executive Order and [associated] Memorandum, not on any assessment of the plans themselves. Those plans are not before this Court.” Justice Sotomayor concurred in the grant of the stay, and Justice Jackson dissented. (Order.)
Jonathan Kastellec and Anthony Taboni created a database of all Supreme Court “shadow docket” decisions between the 1993 and 2024 Terms (extending to early May 2025). (Database.) (Description of database.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Mary Boyle: Government filed application on July 2 to stay a district court order invalidating Trump’s firing of three members of the Consumer Product Safety Commission. Chief Justice Roberts requested response to application by July 11.
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. Plaintiffs filed responses to application on June 13. Government filed reply on June 16.