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The Justice Department on Thursday asked the Supreme Court to stay Judge Indira Talwani’s (D. Mass.) temporary restraining order barring mandatory enforcement of the Postal Service’s ballot mail rule for elections through November 3, before the First Circuit had ruled on the government’s parallel stay motion. (Application.) Earlier on Thursday, Judge Talwani took under advisement the preliminary injunction motions filed by the League of Women Voters of Massachusetts and by 23 states and the District of Columbia. In a post-hearing declaration, the Postal Service stated that it anticipates making its ballot portal available for voluntary use “sometime next week.” (Clerk’s Notes.) (Declaration.)
The Treasury Department and the Internal Revenue Service on Thursday proposed regulations that would deny tax-exempt status to any school the IRS determines to have a racially discriminatory policy or program. The proposal would extend the fundamental-public-policy standard of Bob Jones University v. United States and withdraw prior guidance permitting schools to favor minority students. (Proposed Rule.) (Press Release.) (NYT.)
Former Pardon Attorney Elizabeth Oyer on Thursday sued the Justice Department in the U.S. District Court for the District of Columbia, challenging her March 2025 removal. The complaint argues that even if Oyer were removable at will, her removal was “invalid and void ab initio” because it was effected by then-Deputy Attorney General Todd Blanche rather than by the Attorney General. (Complaint.)
Judge Stephanie A. Gallagher (D. Md.) on Wednesday ordered the government to answer eight questions concerning Immigration and Customs Enforcement’s September 1 removal to El Salvador of a J.O.P. class member—an unaccompanied-child asylum applicant—including whether ICE systems contain an alert identifying him as a potential class member. The Justice Department conceded “communication errors” and stated that it intends to update the court by September 10. (Order.) (Status Report.)
Interior Secretary Doug Burgum announced on Thursday that excavation for President Trump’s 250-foot triumphal arch will begin within two weeks, before the National Capital Planning Commission has granted final approval and before completion of review under the National Historic Preservation Act. (X.) In Lemmon v. Trump, the suit challenging the arch, the government argued in a notice of supplemental authority filed the same day that the Supreme Court’s decision on standing in the White House ballroom case “mandates” dismissal. (Notice.) (NYT.)
Federal prosecutors have reportedly charged Immigration and Customs Enforcement officer Christian Castro with making false statements concerning the January shooting of a Venezuelan man in Minneapolis; the indictment is sealed pending his transfer into custody. (Minnesota Reformer.) (WaPo.) (CNN.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
United States Postal Service v. California: The Solicitor General filed an application on September 3 requesting the Supreme Court to stay a temporary restraining order issued by the U.S. District Court for the District of Massachusetts limiting implementation of the Postal Service’s final rule on ballot mail for federal elections. Justice Jackson requested a response by 10 a.m. on September 8.
National Republican Congressional Committee v. Brown: The National Republican Congressional Committee and the National Republican Senatorial Committee filed an application on August 28 requesting the Supreme Court to stay a Fourth Circuit decision setting aside a Federal Communications Commission public notice on preferential broadcast rates for political advertising. On August 31, the Chief Justice requested a response by noon on September 3. The United States and the Federal Communications Commission filed a response supporting the application on August 31.