Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions. And please click here to register for the first Executive Functions live chat with Bob and Jack today at 5:30 p.m. (only available to Executive Functions paid subscribers).
The Supreme Court on Friday enjoined the government from removing from the country under the Alien Enemies Act (AEA) individuals detained in the Northern District of Texas. Justice Kavanaugh wrote a concurring opinion, and Justice Alito wrote a dissent, which was joined by Justice Thomas. See the background preceding the Court’s order in a prior Roundup. (Order.)
Steve Vladeck described the Court’s holdings in its Friday AEA ruling, predicted where the case will go from here, and asserted that this ruling demonstrates that the Court will not permit removals under the AEA until the Court decides the facial validity of the proclamation and related due process questions. (One First.)
The Supreme Court on Monday granted the government’s application for a stay of an order that required the government to maintain temporary protected status for hundreds of thousands of Venezuelan migrants. Justice Jackson would have denied the application. See the background preceding the order in prior Roundups here and here. (Order.)
The government on Friday asked the Supreme Court to stay a temporary restraining order (TRO) preventing the government from enforcing two sections of an executive order that directed federal agencies to “promptly undertake preparations to initiate large-scale reductions in force (RIFs)” and from taking follow-on actions. See a prior Roundup for the TRO. (Stay application.)
Judge Beryl Howell (D.D.C.) on Monday granted summary judgment reversing various actions taken by the Trump administration to take control of the U.S. Institute of Peace and enjoining the government defendants from “acting or purporting to act in the name of Institute.” (Order.) (Opinion.)
A divided three-judge panel of the D.C. Circuit Court of Appeals on Friday granted the government’s motion for a stay of a preliminary injunction that barred the Trump administration from enforcing part of an executive order targeting union representation in many federal agencies. See a prior Roundup for the preliminary injunction. (Order.) (Josh Gerstein, X.)
At a hearing on Friday, Judge Paula Xinis (D. Md.) rebuked Justice Department lawyers handling the Abrego Garcia case, saying they have, “in bad faith,” failed to comply with the Supreme Court’s order requiring the government to “facilitate” his return. (Politico.)
Adrian Vermeule rejected a key premise that Jack Goldsmith identified as underlying the oral argument in the birthright citizenship case. (The New Digest.)
David Post argued that an important dynamic that Justice Kagan spelled out during oral argument in the birthright citizenship case should prevent the Supreme Court from eliminating universal injunctions. (The Volokh Conspiracy.)
Vladeck argued that a possible holding by the Court in the birthright citizenship case that “Article III itself bars federal courts from issuing relief that benefits non-parties” would be inconsistent with the Court’s granting of relief to the putative class in its Friday Alien Enemies Act decision. (One First.)
Paul Rosenzweig contended that President Trump’s desire to accept the Qatari plane illuminates multiple misconceptions by the framers related to foreign influence of the president. (The Atlantic.)
John Yoo argued that Congress’s actions during the Civil War do not support the notion that only Congress may authorize the suspension of habeas corpus. (WSJ.)
Justin Levitt argued for the use of civil contempt to enforce compliance with court orders. (WAPO.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Trump v. American Federation of Government Employees: Government filed application on May 16 to stay pending appeal district court order that prevented the government from enforcing an executive order directing federal agencies to prepare to conduct “large-scale reductions in force.”
Noem v. Doe: Government filed application on May 8 to stay pending appeal district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Plaintiffs filed response on May 15. Government filed reply on May 16.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions that barred 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 universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
 | A guest post by
|
 | A guest post by |