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A divided three-judge panel of the D.C. Circuit Court of Appeals on Monday barred the government from executing a reduction-in-force at the Consumer Financial Protection Bureau, after government defendants recently tried to cut more than 80 percent of the agency’s employees. Judge Neomi Rao would have allowed the government to move forward with the reduction-in-force. See a previous Roundup for an April 18 district court order that prevented the government defendants from carrying out the large-scale reduction-in-force. (Order.)
President Trump issued an executive order on Monday directing the attorney general and the secretary of homeland security to publish within 30 days a list of “States and local jurisdictions that obstruct the enforcement of Federal immigration laws (sanctuary jurisdictions).” Trump directed heads of agencies to identify for suspension or termination federal funds slated for disbursement to these jurisdictions. (Executive order.)
The Corporation for Public Broadcasting on Tuesday filed a lawsuit challenging the firing of three members of the organization’s Board of Directors. The plaintiffs contended that the corporation is a private entity, not a federal agency under the authority of the president. (Complaint.)
Samuel Bray argued that a provision in the House reconciliation bill purporting to limit the power of federal courts to use contempt to enforce injunctions is likely unconstitutional and would disrupt a body of longstanding injunctions. (Divided Argument.)
The Supreme Court is currently considering whether Congress provided the secretary of health and human services (HHS) with the authority to appoint members of a task force at the agency. This question has arisen in a case at the Court about a part of the Affordable Care Act that requires employers and insurers to cover certain preventive care recommended by the task force at issue. Nicholas Bagley argued that Congress did vest this appointment authority in the secretary. (Divided Argument.)
Josh Blackman and Seth Barrett Tillman disagreed. They argued that the main source of authority on which the government relies for its argument that Congress vested authority in the secretary of HHS is not “law” at all, as required by the Appointments Clause. (The Volokh Conspiracy.)
Laila Hlass and Mary Yanik assessed why the Trump administration transfers migrants to detention centers in Louisiana and criticized the state of these detention facilities and the process afforded to migrants held in the state. (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
United States v. Shilling: Government filed application on April 24 to stay pending appeal district court nationwide injunction barring implementation of a Defense Department policy excluding transgender individuals from military service. Response to application due by 5:00 pm on May 1.
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.
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 nationwide 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 nationwide 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 nationwide 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.