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The Supreme Court on Tuesday granted petitions for a writ of certiorari in two cases that challenge President Trump’s authority to implement tariffs under the International Emergency Economic Powers Act (IEEPA). The Court consolidated the cases, Learning Resources v. Trump and Trump v. V.O.S., and fast-tracked oral arguments for November. (Politico.) For background on the legal proceedings, see previous Roundups.
The Chief Justice on Tuesday granted the Trump administration’s request for an administrative stay as the Court considers the government’s request to stay a district court preliminary injunction ordering federal agency defendants to obligate expiring foreign aid funds by September 30, 2025. (Order.) (NYT.) For background on legal challenges to the Trump administration’s freezing of foreign aid, see previous Roundups.
Judge Jia M. Cobb (D.D.C.) on Tuesday granted a preliminary injunction prohibiting President Trump from removing Lisa Cook from the Board of Governors of the Federal Reserve System. Cobb based her ruling in the Federal Reserve Act's "for cause" provision, which she stated contemplates removal grounds limited to a Governor's “in-office conduct” and not on the basis of behavior that occurred before a Governor assumed office. (Opinion.) (WSJ.) For background on the case, see previous Roundups.
The Justice Department has requested voter roll data from more than 30 states as it attempts to build a national voting database. Nearly every state has resisted turning over the data, which contains private, personally identifiable information. (NYT.)
A Michigan state judge, Kristen D. Simmons, on Tuesday dismissed criminal charges against 15 people who purported to be qualified electors for the state of Michigan in a bid to elect Donald Trump as president in 2020. (NYT.)
Richard Re analyzed Justice Kavanaugh’s concurrence and Justice Sotomayor's dissent in Noem v. Vasquez to consider the case’s implications for Fourth Amendment case law. (Divided Argument.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
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.