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Deputy Attorney General Todd Blanche said in a filing on Friday that the government is still considering whether to invoke the State Secrets privilege in the Alien Enemies Act case, following an order from Judge Boasberg requiring a status update from an official with knowledge of high-level deliberations. Judge Boasberg also ordered defendants by Tuesday to submit a declaration indicating whether the government is invoking the privilege and to submit a brief “showing cause why they did not violate the Court’s Temporary Restraining Orders” when they did not return the detained individuals on “the two earliest planes” last Saturday. Judge Boasberg held a hearing Friday afternoon to determine whether the government had violated one of his orders. See prior Roundups for background. (Blanche declaration.) (Order.)
President Trump and Paul Weiss agreed to a deal on Thursday that involves Trump rolling back his executive order targeting the firm and, among other Paul Weiss commitments, the firm agreeing to $40 million worth of pro bono work on causes the administration supports. See a prior Roundup for background. (NYT.)
Judge Ellen Hollander (D. M.D.) in a Thursday ruling blocked DOGE from accessing Social Security Administration systems that contain personally identifiable information. (Opinion.) (Order.)
President Trump on Thursday issued an executive order directing the closure of the Department of Education. (Executive order.)
Trump also issued an executive order on Thursday seeking to remove “unnecessary barriers to Federal employees accessing Government data and promoting inter‑agency data sharing” with the aim of “eliminating bureaucratic duplication and inefficiency while enhancing the Government’s ability to detect overpayments and fraud.” (Executive order.)
Judge Patricia Giles (E.D. Va.) on Thursday enjoined the administration from deporting Indian national and Georgetown researcher Badar Khan Suri. According to Suri’s lawsuit, he is in the United States on a valid visa for foreign scholars. See yesterday’s Roundup for background. (Order.) (Politico.)
Judge Nina Wang (D. Colo) on Friday enjoined the Trump administration from removing immigration activist Jeanette Vizguerra, an undocumented immigrant, from the United States. (Order.)
The First Circuit Court of Appeals rejected a bid from the Trump administration to stay a district court’s temporary restraining order that required the Department of Education to restore terminated grants supporting teachers. (Opinion.)
The New York Times reported that administration lawyers have determined that the Alien Enemies Act “allows federal agents to enter homes without a warrant.” (NYT.) Orin Kerr wrote that it’s not “at all clear, at least to me, what argument the Trump Administration lawyers have in mind.” (The Volokh Conspiracy.)
Jack Goldsmith contended that while there are good arguments against universal injunctions, the current Trump administration complaints and claims of bias must be discounted by the legal problems with the actions that are being enjoined. (Executive Functions.)
Bob Bauer and Goldsmith discussed the Paul Weiss agreement and universal injunctions. (Executive Functions.)
Cass Sunstein argued that the “Constitution does not allow judges to be impeached for ruling against the executive branch, for getting the law wrong, or even for making serious and damaging errors.” (Cass’s Substack.)
Nick Bednar outlined the Trump administration’s extraordinarily broad interpretation of the president’s Article II authority in a wide range of contexts—including removals, appointments, impoundment, and foreign affairs. (Lawfare.)
Jed Rubenfeld argued that the Alien Enemies Act saga is not a constitutional crisis, and that the constitutionality of the administration’s actions may come down to the nature of the administrative proceedings given to those who were deported. (The Free Press.)