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The Supreme Court this morning in a 5-4 decision denied the government’s application to vacate a Feb. 25 district court order that required the government to disburse approximately $2 billion in foreign assistance funds. (See the Feb. 26 and 27 Roundups for relevant procedural background.) The Court stated that the district court should “clarify what obligations the Government must fulfill to ensure compliance with the temporary restraining order, with due regard for the feasibility of any compliance timelines.” Justice Alito wrote in dissent that the government was likely to prevail on the merits of its sovereign immunity claim and that it would likely “suffer irreparable harm if the District Court’s order is not stayed.” He concluded that, “Even if the majority is unwilling to vacate the District Court’s order, it should at least stay the District Court’s enforcement order until the Government is able to petition for a writ of certiorari.” (Ruling.)
Interim D.C. U.S. Attorney Ed Martin dropped his probe into Senator Chuck Schumer’s statements directed at Justices Neil Gorsuch and Brett Kavanaugh in March 2020 (see yesterday’s Roundup for the details). Martin reportedly concluded that Schumer’s statements did not rise to the level of a prosecutable “true threat.” (The Washington Post.)
Judge Rudolph Contreras (D.D.C.) issued a preliminary injunction reinstating Cathy Harris as a member of the Merit Systems Protection Board (MSPB) following her firing on Feb. 10. Judge Contreras wrote, “The Court concludes that MSPB members’ removal protections are constitutional under Humphrey’s Executor and must be upheld here.” (Order.)
Head of the Office of Special Counsel Hampton Dellinger, whose own status is currently being adjudicated in federal court, filed a petition Friday with the MSPB seeking to reverse the Department of Agriculture’s firings of more than 5,000 probationary employees. He argued that their firings violate civil service protections. (Politico.) (Dellinger’s Petition.)
Judge Brendan Hurson (D.Md.) issued a preliminary injunction that will continue to block the Trump administration’s “enforcement of particular sections of two Executive Orders as they relate to a prohibition on federal funding for institutions that provide gender-affirming medical care for transgender patients under the age of nineteen,” according to the court. (Order.)
Jack Goldsmith explained in Executive Functions how emergency orders work and why they matter.
Nick Bednar considered how the Trump administration’s unitary executive theory could undermine due process for federal employees and other individuals in agency hearings. (Lawfare.)
Ryan Goodman and Audrey Balliette compiled a list of actions (with links to relevant documents) that they write “highlight the alarming level of politicization and weaponization of the Department of Justice under the second Trump administration.” (Just Security.)