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The Supreme Court on Thursday stayed two district court rulings that blocked President Trump from firing from two executive branch agencies—the Merit Systems Protection Board and the National Labor Relations Board—two board members who have statutory for-cause removal protections. Justice Kagan wrote a dissent, joined by Justices Jackson and Sotomayor. See the government’s application in the Supreme Court in a prior Roundup. (Order.)
Bob Bauer and Jack Goldsmith discussed the ruling, what it means for Humphrey’s Executor and the Federal Reserve, and the reaction—or lack thereof—that it may prompt from Congress. (Executive Functions.)
Ed Whelan summarized the order and wrote that it “provides a clear signal that the Court will overturn or sharply limit its 1935 ruling in Humphrey’s Executor v. United States.” (National Review.)
The New York Times reported that the Trump administration informed Harvard that it would prevent Harvard from enrolling international students. Harvard immediately filed a lawsuit seeking declaratory and injunctive relief, alleging the order violates the First Amendment, the Due Process Clause, and the Administrative Procedure Act. (NYT.) (Harvard’s Complaint.)
Eugene Volokh assessed the legality under the First Amendment of the government’s move. (The Volokh Conspiracy.)
Judge Jeffrey White (N.D. Ca.) issued a preliminary universal injunction preventing the government from reversing the reinstatement of student immigration status records that the court says provide key protections for foreign students. (Order.)
Judge Myong J. Joun (D. Ma.) enjoined the Trump administration’s efforts to terminate the Department of Education. The order prevents the government from transferring the management of federal student loans and other functions out of the department. It also requires the government to reinstate fired federal employees. The government defendants filed notice of appeal to the First Circuit. (Order.) (Notice of appeal.)
Judge Susan Illston (N.D. Ca.) granted a preliminary injunction barring the government from carrying out large-scale reductions in force across more than 20 federal agencies. The government defendants filed notice of appeal to the Ninth Circuit. See the temporary restraining order that preceded this injunction in a prior Roundup. (Order.) (Notice of appeal.)
The New York Times reported that the Government Accountability Office (GAO) determined that the Trump administration violated federal law when it blocked funding for the National Electric Vehicle Infrastructure program. The GAO concluded that the government’s action constituted an improper impoundment. (GAO decision.) (NYT.)
The Washington Post reported that President Trump dined with the top financial holders of his meme coin on Thursday night. (WAPO.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay pending certiorari or mandamus two district court orders providing for discovery into DOGE. Chief Justice Roberts requested a response to the application by May 23 at 12:00 p.m.
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.
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.