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The Supreme Court on Thursday heard oral arguments in the birthright citizenship/universal injunctions cases. (Audio, C-SPAN.)
Magistrate Judge Gregory Wormuth (D.N.M.) on Wednesday dismissed many federal charges that the Justice Department brought against migrants for entering the recently designated military zone along the Southern border. (Order.) (Kyle Cheney, X.)
In light of the bipartisan resistance to Trump’s acceptance of a $400 million plane from the Qatari royal family, Bob Bauer and Jack Goldsmith proposed statutory reform to tighten the restrictions on the president imposed by the Foreign Emoluments Clause. (Executive Functions.)
Jed Rubenfeld argued that the Foreign Emoluments Clause probably does not prohibit Trump from accepting the plane for use as Air Force One, but the clause probably does prohibit him from accepting it on behalf of his museum foundation. (The Free Press.)
Ilya Somin argued that although abuse of emergency powers is not a new phenomenon, the current administration has escalated this abuse significantly. (Lawfare.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Doe: Government filed application on May 8 to stay pending appeal district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Court requested response by May 15 at 4:00 p.m.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal 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.
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal district court order that granted universal relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Plaintiffs filed response on May 8. Government filed reply on May 9.
A.A.R.P. v. Trump: Plaintiffs filed application on April 18 to enjoin the government from deporting Venezuelan individuals and a putative class under the Alien Enemies Act. Court on April 19 enjoined the government from carrying out the deportations (dissent). Government filed response on April 19. Plaintiffs filed reply on April 21. Government filed supplemental brief on May 12. Plaintiffs filed supplemental brief on May 14.
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions barring the firing of board members of the NLRB and MSPB. Chief Justice Roberts on April 9 stayed district court injunctions. Plaintiffs filed responses to the government’s application on April 15. Government filed reply on April 16.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application 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 pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application 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 pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
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