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The Trump administration on Thursday filed an application in the Supreme Court for a partial stay of three nationwide injunctions that barred enforcement of President Trump’s birthright citizenship executive order. The government asserted that the Court should stay the three injunctions because they “grant relief to non-parties, grant relief to States, and enjoin the internal operations of the Executive Branch.” The administration also argued that the injunctions are causing “irreparable harm to the government.” (Application.) (Politico.)
Commentators weighed in on the government’s application. Samuel Bray asserted that the government’s request presents “an usually good opportunity to address universal injunctions.” (Divided Argument.) Ilya Somin argued that “there are extraordinarily compelling reasons to maintain the injunctions in these cases.” (The Volokh Conspiracy.) And Josh Blackman raised questions the Court will likely consider and noted that the government focused on particular justices’ criticism of nationwide injunctions. (The Volokh Conspiracy.)
Two federal judges on Thursday directed federal agencies to reinstate tens of thousands of federal workers across 19 agencies who had been fired while on probationary status. The first order came from Judge William Alsup (N.D. Cal.). Judge Alsup ordered the Treasury, Veterans Affairs, Agriculture, Defense, Energy, and Interior Departments to offer to reinstate the probationary employees the Trump administration has fired. The administration filed notice of its appeal of the preliminary injunction to the Ninth Circuit Court of Appeals. And the plaintiffs in another filing following Judge Alsup’s ruling asked the court to expand the preliminary injunction to cover other agencies. (Notice of appeal to the Ninth Circuit.) (Plaintiffs’ filing seeking to expand the injunction.) (Politico.)
Judge James Bredar (D. MD.) issued the second order. He directed 18 federal agencies to reinstate all probationary employees who had been fired since the beginning of the Trump administration. Judge Bredar’s order stayed the firings for 14 days. (Judge Bredar’s order.) (Judge Bredar’s opinion.) (Politico.)
The administration is reportedly planning to invoke the Alien Enemies Act of 1798 to expedite deportations from the United States. (CNN.) (Commentary from Somin, The Volokh Conspiracy.)
Jed Rubenfeld contended that the Mahmoud Khalil deportation case raises challenging constitutional and statutory issues, and he outlined the arguments for and against the government’s authority to deport him. (The Free Press.) Eugene Volokh and Jane Bambauer discussed the case and how courts have addressed similar First Amendment issues in the past. (Free Speech Unmuted.)
The White House reportedly directed the FBI to stop the background check processes for dozens of White House staffers, and has moved the processes to the Pentagon. The White House, according to sources, determined the processes were overly intrusive. (ABC News.)
Noor Hamadeh and David McKean argued that the Trump administration’s decision to halt enforcement of the Foreign Corrupt Practices Act will hurt U.S. businesses and global commerce. (Just Security.)