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The Supreme Court on Friday, in a six-to-three decision, ruled that federal courts lack statutory authority to issue universal injunctions. (Opinion.)
Jack Goldsmith argued that the clear winner in the ruling is the Supreme Court. (Executive Functions.) Samuel Bray said it will have the salutary effect of allowing courts to move “toward the more deliberative mode in which they do their best work.” (NYT.) And Nicholas Bagley argued that the availability of other forms of broad relief, besides the universal injunctions the Court struck down in this case, may significantly limit the practical impact of the Court’s ruling. (The Atlantic.)
Judge Loren AliKhan (D.D.C.) on Friday permanently enjoined the Trump administration from enforcing the executive order targeting the law firm Susman Godfrey. (Order.) (Opinion.)
Judge John Bates (D.D.C.) on Friday denied a preliminary injunction motion that sought to prevent the Departments of Labor and Health and Human Services from giving DOGE affiliates access to “sensitive systems.” (Order.) (Opinion.)
David French argued that Emil Bove’s nomination to the Court of Appeals for the Third Circuit presents a special threat to the rule of law over and above that presented by Trump’s executive branch nominees. (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Learning Resources v. Donald Trump: Plaintiffs on June 17 filed petition for certiorari before judgment in the tariff case currently pending at the D.C. Circuit and asked the Supreme Court to expedite consideration of the petition. Government filed response to motion to expedite on June 18. Plaintiffs filed reply in support of the motion on June 20. Court denied plaintiffs’ motion to expedite on June 20.
McMahon v. State of New York: Government filed application on June 6 to stay district court preliminary injunction that barred the government from taking actions to dismantle the Department of Education. Plaintiffs filed responses to application on June 13. Government filed reply on June 16.
Trump v. American Federation of Government Employees: Government filed application on June 2 to stay district court universal injunction that blocked the government from implementing Trump’s executive order directing federal agencies to implement reductions-in-force. Plaintiffs filed response on June 9. Government filed reply on June 10.