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There were many developments on Friday in connection with Judge Boasberg’s two TROs that enjoined the Trump administration from removing alleged members of Tren de Aragua from the United States pursuant to President Trump’s Alien Enemies Act proclamation. Judge Boasberg extended the TROs until April 12. And plaintiffs on Friday filed a motion seeking a preliminary injunction of President Trump’s proclamation. (Order.) (Motion for preliminary injunction.)
On the same day, the government filed an application in the Supreme Court to vacate the TROs. And the government asked for an administrative stay of the orders. Chief Justice Roberts requested a response to the application by April 1. See the history of the case in prior Roundups. (Application.)
Eight plaintiff states on Friday filed their response to the government’s application in the Supreme Court to vacate a district court order requiring the government to continue to disburse Department of Education grants it had terminated. See the government’s application in a prior Roundup. (Response.)
A three-judge panel of the D.C. Circuit Court of Appeals on Friday granted the government’s motion for a stay of district court orders barring the Trump administration from firing two executive branch board members—one from the National Labor Relations Board (NLRB) and the other from the Merit Systems Protection Board (MSPB). Judge Justin Walker concurred. He wrote a 48-page opinion that emphasized that under Supreme Court precedent, the “Government is likely to succeed in showing that the statutory removal protections [at issue in the case] are unconstitutional.” Judge Patricia Millett dissented. She wrote a 54-page opinion that argued that the stay “rewrite[s] controlling Supreme Court precedent and ignore[s] binding rulings of this court.”
An MSPB board member, Cathy Harris, asked for an administrative stay of the panel’s decision and for full court review if her stay was rejected. On Sunday, the government filed a response to Harris’s motion for a stay, the court denied the motion, and Harris filed another motion seeking a “short administrative stay” so that the court can consider a petition for full court review Harris said she will file today. See background on the MSPB case in a prior Roundup here, and on the NLRB case here. (Order granting the government’s motion for a stay.) (Motion for administrative stay.) (Government response to motion for administrative stay.) (Motion for “short administrative stay.”)
The same three judge-panel of the D.C. Circuit on Friday denied a motion from the United States Conference of Catholic Bishops to enjoin the government from pausing or canceling contracts that require the government to fund the conference’s refugee resettlement services. Judge Millett dissented. This denial follows a district court’s denial of injunctive relief on March 11. See the district court ruling in a prior Roundup. (Order.)
A three-judge panel of the Fourth Circuit Court of Appeals on Friday stayed a district court order preventing DOGE from, among other actions related to USAID, facilitating the “shutdown” of the organization. See the district court ruling in a prior Roundup. (Order.)
Before the Fourth Circuit’s decision, the Trump administration formally notified Congress of its intention to dismantle the agency. (WAPO.)
Judge Amy Berman Jackson (D.D.C.) on Friday enjoined the Trump administration from taking several actions to dismantle the Consumer Financial Protection Bureau, and required the administration to reinstate all probationary and “term” employees terminated between February 10 and March 28. The government filed notice of its appeal of the preliminary injunction to the D.C. Circuit. See background of the case in a prior Roundup. (Order.) (Opinion.) (Notice of appeal.)
Judge J. Paul Oetken (S.D.N.Y.) on Friday enjoined the Trump administration from implementing Trump’s executive order entitled “Continuing the Reduction of the Federal Bureaucracy,” as applied to the U.S. Agency for Global Media. (Order.)
The Trump administration on Friday evening reportedly fired nearly the entire staff of the U.S. Institute of Peace. See background in a prior Roundup.
President Trump on Sunday suggested he is considering running for a third term. He said “[t]here are methods” that would allow him to seek office again. (NBC News.)
Two large law firms, Jenner & Block and WilmerHale, filed lawsuits against the Trump administration on Friday challenging President Trump’s executive orders targeting the firms. In both cases, federal judges issued TROs enjoining key parts of the orders. Another firm, Skadden, Arps, Slate, Meagher & Flom, reached a deal with Trump “heading off an expected executive order akin to those he aimed at the other firms,” according to The New York Times. (Jenner & Block complaint.) (Jenner & Block case TRO.) (WilmerHale complaint.) (WilmerHale case TRO.)
Bob Bauer and Jack Goldsmith discussed the lawsuits and the Skadden deal. (Executive Functions.)
John Keker, Robert Van Nest, and Elliot Peters argued that despite the real threat of losing clients, lawyers and law firms have a special responsibility to “stand up for the rule of law” and resist the Trump administration’s actions against the profession. (NYT.)
Amanda Tyler wrote that the D.C. Circuit was correct to allow the Alien Enemies Act lawsuit to remain before Judge Boasberg and that “ultimately, the potential to bring back to U.S. soil those removed to El Salvador without any process depends entirely on the nature of the arrangement between the Trump administration and the Salvadoran government.” (Lawfare.)
Lee Kovarsky rejected the government’s main argument in its application to the Supreme Court in the Alien Enemies Act case—that habeas corpus is the exclusive remedy for the plaintiffs. (The Volokh Conspiracy.)
Steve Vladeck analyzed the government’s emergency applications pending before the Supreme Court and what their outcomes may reveal. (One First.)
Vladeck also argued that the Trump administration’s actions, not aberrant decisions by judges, are the cause of the large number of injunctions issued against the Trump administration. (One First.)
Edgar Chen and Chris Kwok challenged the Trump administration’s argument that the Supreme Court’s decision in United States v. Wong Kim Ark supports the notion that birthright citizenship should be restricted to children of U.S. citizens or to lawful permanent residents. (Just Security.)
David Leopold argued that the administration’s immigration actions “pose a broader threat to the due process rights and basic liberties and freedoms of everyone in America.” (WAPO.)
Cass Sunstein argued that Humphrey’s Executor should not be overruled. (Cass’s Susbstack.)
Emergency Order Applications Involving the U.S. Government in the Supreme Court
Trump v. J.G.G.: Government filed application on March 28 to vacate district court injunctions and issue administrative stay; Court requested response by 10 a.m. on April 1.
Department of Education v. California: Government filed application on March 26 to vacate district court injunction and issue administrative stay; response to application filed March 28.
Office of Personnel Management v. American Federation of Government Employees: Government filed application on March 24 to stay district court injunction and issue administrative stay; Court requested response by 12:00 p.m. on April 3.
Trump v. Washington: Government filed application on March 13 to stay district court injunction; Court requested response by 4:00 p.m. on April 4.
Trump v. New Jersey: Government filed application on March 13 to stay district court injunction; Court requested response by 4:00 p.m. on April 4.
Trump v. CASA: Government filed application on March 13 to stay district court injunction; Court requested response by 4:00 p.m. on April 4.
Rana v. Engleman: Petitioner filed application on February 28 for stay of extradition pending litigation for writ of habeas corpus; application denied by Supreme Court on March 6; application refiled and submitted to the Court on March 7; application distributed for conference of April 4.