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A divided three-judge panel of the Fourth Circuit Court of Appeals on Monday denied the government’s motion to stay the order of a district court that, exercising its authority to enforce a settlement agreement between the government and a man deported to El Salvador, directed the government to “facilitate” his return to the United States. Judge Julius Richardson filed a dissenting opinion. See prior Roundups here and here for the background. (Order.)
Judge John Holcomb (C.D. Cal.) on Monday enjoined the government from removing a Venezuelan citizen and a putative class of detained noncitizens “who were, are, or will be subject to” President Trump’s Alien Enemies Act (AEA) proclamation from the Central District of California without providing prior notice. (Order.)
The Justice Department announced on Monday that it would “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” (Memorandum.) (NYT.)
Alina Habba, the interim U.S. attorney for New Jersey, said Monday that the Justice Department would prosecute congresswoman LaMonica McIver (D-NJ) following a clash with law enforcement officials over the arrest of Newark Mayor Ras Baraka (D) outside an immigration detention center in Newark. (WAPO.)
Nick Bednar described the Trump administration’s proposed “Schedule Policy/Career” rule and its underlying statutory basis, and argued that the rule may increase politicization inside the government and thereby reduce the effectiveness of federal workers in carrying out Trump’s agenda. (Lawfare.)
Erwin Chemerinsky argued that a provision in the House’s proposed spending bill that would restrict the power of federal courts to hold government officials in contempt for violating court orders is unconstitutional and dangerous. (Just Security.)
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.
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