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The Trump administration on Thursday filed an emergency application requesting that the Supreme Court stay a district court decision to allow the firing of FTC Commissioner Rebecca Slaughter to proceed. (Application.) (Politico.) In July, Judge Loren L. Alikhan (D.D.C.) granted summary judgment in favor of Slaughter and enjoined the government from removing her. (See previous Roundup.) On Tuesday, the D.C. Circuit Court of Appeals denied the government’s motion for a stay pending appeal. (See previous Roundup.)
A panel of the Eleventh Circuit Court of Appeals on Thursday stayed a district court’s preliminary injunction barring Florida and the federal government from continuing construction on the “Alligator Alcatraz” detention facility and ordering it closed and dismantled within 60 days. (Order.) (NYT.) See a previous Roundup for background on this case.
The District of Columbia on Thursday sued the Trump administration challenging the President’s deployment of National Guard soldiers in D.C. (Complaint.) (NYT.)
A panel of the Ninth Circuit Court of Appeals on Thursday stayed (pending appeal) a district court order which prohibited National Guard soldiers deployed to Los Angeles from engaging in law enforcement activities. (Order.) (WaPo.) See a previous Roundup for background on this case. Chris Mirasola argued that the district court created uncertainty by affirming the president's authority to deploy military personnel to protect federal properties in California while rejecting all of the government's legal theories that would authorize it. (Lawfare.)
W.J. Hennigan argued that the Trump administration's airstrike on a boat in the Caribbean, which the administration claims killed 11 gang members smuggling drugs, lacked proper legal authorization. (NYT.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.” Pedro Vasquez Perdomo filed a response in opposition to the government’s application for a stay on August 12. The government filed a reply in support of its application for a stay on August 13.