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A three-judge panel of the D.C. Circuit Court of Appeals on Wednesday rejected the government’s request to stay the temporary restraining order (TRO) issued by Judge Boasberg enjoining the Trump administration from deporting alleged members of Tren de Aragua pursuant to President Trump’s proclamation. The panel determined that the government did not show “a likelihood of success on the merits,” the “equities favor the plaintiffs,” and that the district court properly entered the TRO to “protect its remedial authority long enough to consider the parties’ arguments.” Judge Justin Walker dissented. See prior Roundups for background. (Order.)
The same three-judge panel on Wednesday granted the government’s request for a stay of a district court order that permitted certain discovery into the activities of DOGE and Elon Musk before deciding defendants’ motion to dismiss. See the district court’s order in a prior Roundup here. (Order.)
The Trump administration asked the Supreme Court on Wednesday to vacate a district court order that required the government to continue paying out certain Department of Education grants it had terminated. The government also asked the Court to administratively stay the order. The Court directed plaintiffs to respond to the application by Friday at 4:00 p.m. (Application.)
A three-judge panel of the Ninth Circuit Court of Appeals on Wednesday denied the government’s motion to stay a district court order that enjoined the Trump administration from firing probationary employees at six federal agencies. Judge Bridget Bade dissented. The government filed an application in the Supreme Court on Monday challenging the injunction. See the district court’s order in a prior Roundup here. And see the administration’s application in the Supreme Court here. (Ninth Circuit’s order.)
A three-judge panel of the First Circuit Court of Appeals on Wednesday denied the government’s request for a stay of a district court order blocking the administration from withholding from several states and the District of Columbia congressionally approved funds. See the district court’s order in a prior Roundup here. (Order.)
Judge Beryl Howell on Wednesday rejected the government’s request to disqualify her from the Perkins Coie case. See the Trump administration’s request to remove Judge Howell from the case in a prior Roundup here. (Order.)
The Trump administration on Wednesday said it withdrew the government’s termination of a grant agreement with Radio Free Europe/Radio Liberty, following a district court order Tuesday enjoining the administration’s effort to halt funding for the organization. See the district court’s order in yesterday’s Roundup here. (Filing.)
Bob Bauer and Jack Goldsmith discussed the state of Trump’s attack on law firms following the executive order against Jenner & Block and whether firms have a responsibility to challenge Trump’s effort. (Executive Functions.)
Paul Rosenzweig argued that large law firms should bear the real costs of standing up to the attack on the industry. He wrote, “Capitulation to a bully doesn’t bring peace; it brings more bullying.” (The Atlantic.)
Alexis Loeb argued that the Trump administration’s shuttering of the “Kleptocracy Team” within the Justice Department could cost the government billions of dollars and jeopardize law enforcement relationships with international partners. (Lawfare.)
Nanya Gupta contended that systemic problems with U.S. immigration enforcement partially enabled the Trump administration’s deportations under the Alien Enemies Act. (Just Security.)
Steve Vladeck argued that President Trump’s election-related executive order issued Tuesday “represents as stunning an effort by a President to seize control over the mechanics of federal elections as any we’ve seen in American history.” See the executive order in yesterday’s Roundup here. (One First.)
Emergency Order Applications Involving the U.S. Government in the Supreme Court
Department of Education v. California: Government filed application to vacate district court injunction and issue administrative stay; Court requested response by 4:00 p.m. Friday.
Office of Personnel Management v. American Federation of Government Employees: Government filed application to stay district court injunction and issue immediate administrative stay.
Trump v. Washington: Government filed application to stay district court injunction; Court requested response by 4:00 p.m. on April 4.
Trump v. New Jersey: Government filed application to stay district court injunction; Court requested response by 4:00 p.m. on April 4.
Trump v. CASA: Government filed application to stay district court injunction; Court requested response by 4:00 p.m. on April 4.
Rana v. Engleman: Petitioner filed application for stay of extradition pending litigation for writ of habeas corpus; application denied by Supreme Court; application refiled and submitted to the Court; application distributed for conference of April 4.