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The New York Times reported that President Trump on Monday named Deputy Attorney General Todd Blanche to take over as acting librarian of Congress from Carla Hayden, whom Trump fired last week. Trump over the weekend also fired the director of the Library of Congress (LOC) copyright office, Shira Perlmutter. The arrival of two DOJ officials at the LOC on Monday morning triggered a standoff with LOC staff, who have so far refused to recognize Blanche as the acting librarian. By law, the librarian is appointed by the president with the advice and consent of the Senate, and the head of the copyright office is appointed by the librarian. Members of Congress, including Senate Majority Leader John Thune, have expressed concern with Trump’s takeover. (NYT.) (Politico.)
Anne Joseph O’Connell assessed the legality of the removals of the librarian of Congress and the head of the copyright office, concluding that Trump likely can fire the former but probably not the latter. She also considered related legal issues. (Anne Joseph O’Connell, Bluesky.)
Bob Bauer and Jack Goldsmith discussed Goldsmith’s post yesterday about the administration’s habeas comments, the underlying legal issues and strategic ambitions, and how these latest comments might influence the courts. (Executive Functions.)
Michael McConnell summarized the arguments on both sides in a key case challenging Trump’s “liberation day” tariffs. (The Volokh Conspiracy.)
Samuel Bray described the arguments against universal injunctions. (Divided Argument.)
Kathleen Claussen and Timothy Meyer argued that a recent State Department notice that has not drawn much attention “reflects an extraordinarily broad understanding of ‘foreign affairs function’ that seeks to give the executive branch a much freer hand in international trade, immigration, and any other issue involving cross-border exchange.” (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.
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 memorandum on May 12.
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 set oral argument for 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 set oral argument for 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 set oral argument for May 15.
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