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The U.S. Court of Appeals for the Fourth Circuit on Tuesday dismissed the Trump administration’s appeal of a preliminary injunction against President Trump’s executive order on birthright citizenship issued by Judge Deborah L. Boardman (D.Md). To comply with the Supreme Court’s order in Trump v. CASA, the appellate court said it would remand the case to the district court to issue an immediate ruling on the plaintiffs’ motion for class-wide relief. Judge Boardman said earlier this month that she would grant the plaintiffs class-action status and approve a preliminary injunction request if she reassumed jurisdiction over the case. (Order). (WAPO).
The U.S. Department of Justice on Monday filed a misconduct complaint against James E. Boasberg, the chief judge of the U.S. Federal District Court in Washington, D.C., who has presided over a challenge to Trump administration efforts to deport accused Venezuelan gang members under the Alien Enemies Act. The complaint, filed with the U.S. Court of Appeals for the D.C. Circuit, alleges that Boasberg at a judicial conference in May expressed the view that the Trump administration would disregard federal court rulings and trigger “a constitutional crisis.” The complaint states Boasberg violated a judicial code and requests an investigation, reassignment of all cases related to J.G.G. v. Trump, and disciplinary action. According to Georgetown law professor Steve Vladeck, “The complaint is almost laughably preposterous.” (Complaint). (WAPO). (One First).
The Senate on Tuesday confirmed Emil Bove III for a judgeship on the U.S. Court of Appeals for the Third Circuit. The Senate voted 50 to 49 to confirm Bove, with two Republicans joining all Democrats in opposition. (NYT).
The Trump administration froze $108 million in federal funds to Duke University, accusing the university of “systemic racial discrimination.” Secretary of Education Linda McMahon and Secretary of Health and Human Services Robert F. Kennedy Jr. sent a letter to Duke administrators Monday accusing the university’s health care system of engaging in “racial preferences in hiring, student admissions, governance, patient care, and other operations.” They asserted that Duke is in violation of Title VI of the Civil Rights Act and called on the university to review all policies “for the illegal use of race preferences” and create a “Merit and Civil Rights Committee” to work with the federal government. (NYT).
The Trump administration has extended the terms of federal prosecutors in Southern California and Nevada who were serving under interim appointments that were set to expire under 28 U.S.C. § 546. On Tuesday, the interim U.S. attorney in Nevada, Sigal Chattah, was redesignated as “acting” U.S. attorney on the Justice Department’s website. Hours later, a similar title change appeared for Bill Essayli in Los Angeles. Experts differ on whether the administration’s approach is legal. (NYT).
Defendants standing trial this week in New Jersey’s U.S. District Court have asked a federal judge to dismiss their case on the ground that acting U.S. Attorney Alina Habba does not have legitimate authority to exercise prosecutorial powers. One of the defendants argued that because the executive branch has exceeded its authority, actions by Habba or any other prosecutor acting on her authority are illegal and violate the defendant’s due process rights. See prior Roundups and a video conversation between Jack Goldsmith and Anne Joseph O’Connell for background on the controversy. (Defendant memorandum of law). (Government’s opposition). (WAPO).
Bob Bauer argued Deputy Attorney General Todd Blanche’s intimate involvement in the Trump administration’s response to the Jeffrey Epstein controversy presents severe conflicts of interest due to his former role as Trump’s lawyer. “The extent to which conflicts are even acknowledged in this administration, much less managed, becomes clearer by examining the different ways they are playing out in Blanche’s leading role in the Epstein file controversy,” Bauer argued. (Executive Functions).
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
National Institutes of Health, et al. v. American Public Health Association, et al.: Government filed application on July 24 to stay district court order that prevented the National Institutes of Health from canceling grants that, according to the administration, are related to DEI and “gender ideology.”