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Judge Indira Talwani (D. Mass.) on Wednesday vacated on ripeness grounds the preliminary injunction in League of Women Voters v. Trump, which had blocked implementation of section 3 of the mail-in ballot executive order. That section directed the U.S. Postal Service to initiate a rulemaking on mail-in and absentee ballots. (Order.) (Politico.) (NYT.) (WaPo.) Later on Wednesday, plaintiffs in League of Women Voters filed a motion for emergency injunctive relief challenging the Postal Service’s final rule. (Mem. in Supp. of Motion.)
A coalition of 24 states and the District of Columbia filed a new lawsuit in the U.S. District Court for the District of Massachusetts on Wednesday requesting emergency relief from the Postal Service’s final rule. (Complaint.) (Motion.)
A divided panel of the U.S. Court of Appeals for the Third Circuit denied Rep. LaMonica McIver’s motion to dismiss counts one and two of her indictment for allegedly assaulting federal immigration officers during an oversight visit to Delaney Hall. The panel remanded for the district court to reconsider her motion as to count three of the indictment. (Decision.) (NYT.)
Judge Carl Nichols (D.D.C.) denied the Justice Department’s motion to dismiss Steve Bannon’s indictment for contempt of Congress. (Order.)
Judge Fernando Rodriguez, Jr. (S.D. Tex.) on Wednesday denied Minnesota’s motion for a temporary restraining order barring the release from Texas custody of an ICE agent until Texas Governor Greg Abbott signs a rendition warrant facilitating the agent’s extradition to Minnesota. The agent faces criminal charges in Minnesota for shooting an individual in the leg. (Order.)
Federal Reserve Governor Lisa Cook on Wednesday responded to the administration’s allegations that she committed mortgage fraud. In a letter, Cook’s lawyer reportedly wrote that her listing an Atlanta condominium, where she had not lived, as a primary residence on a mortgage document was an “entirely inadvertent oversight.” (NYT.)
Steven J. Kochevar argued that states should treat their data holdings as leverage against federal overreach, from auditing what they collect and share to “forc[ing] the federal government to use data on terms that states approve of.” (Just Security.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
National Park Service v. National Trust for Historic Preservation: The government filed an application on August 13 requesting the Supreme Court to stay a district court injunction blocking further construction of the White House ballroom. The National Trust for Historic Preservation filed its response on August 18. The government filed its reply on August 19. On August 21, the Chief Justice stayed the injunction “pending further order of The Chief Justice or of the Court.”