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The Supreme Court on Thursday evening granted in part and denied in part the government’s application to vacate a district court order that required the government to return Abrego Garcia, whom the government wrongly deported, to the United States. The Court’s ruling requires the government to “facilitate” Garcia’s release from custody and “ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” And it directs the district court to “clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” Following the Supreme Court’s order, Judge Paula Xinis (D. MD.) clarified her order—directing the government to “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.” See a previous Roundup for the background on the case. (Supreme Court order.) (Judge Xinis’s order.)
Several commentators discussed the Supreme Court’s order. Ilya Somin said it was “an important win for immigrants’ rights” that “largely affirmed rulings by the district court and the Fourth Circuit.” (The Volokh Conspiracy.) Chris Geidner noticed similarities between the Court’s handling of this case and its shadow-docket decision in the foreign assistance case. (Law dork.) And Josh Blackman thought it was more of a win for the government than did other commentators. (The Volokh Conspiracy.)
President Trump on Wednesday issued another executive order against another law firm—Susman Godfrey. Trump claimed that the firm, among other things, “engages in unlawful discrimination” and “funds groups that engage in dangerous efforts to undermine the effectiveness of the United States military.” (Executive order.)
The Justice Department on Wednesday barred its employees who work in policy-related roles from “speak[ing] at, attend[ing], or otherwise participat[ing] in” American Bar Association (ABA) events in their official capacities. Those DOJ officials are also prohibited from renewing their ABA memberships. (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions. Chief Justice Roberts on April 9 stayed district court injunctions and requested response to application by 5:00 pm on April 15.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court injunction. Plaintiffs filed response to application on April 4. Government filed reply on April 7.