Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Judge Charles Breyer (N.D. Cal.) on Wednesday denied without prejudice the federal government’s request to transfer the California National Guard case to the Central District of California and permitted expedited discovery on the question whether the Trump administration’s deployment of National Guard troops in the state violates the Posse Comitatus Act. This issue is separate from the validity of Trump federalizing the National Guard under 10 U.S.C. Section 12406—which is currently on appeal at the Ninth Circuit. (Order.)
Judge Andrew Carter (S.D.N.Y.) on Wednesday issued a nationwide preliminary injunction barring the federal government from taking steps to halt the operations of Job Corps centers. (Order and opinion.)
The Justice Department on Tuesday filed a lawsuit in federal district court in Maryland against every federal judge in the district, the clerk of the court, and the court itself that challenged two standing orders that prevent the federal government from removing for at least two days noncitizens detained in Maryland who file a habeas petition. (Complaint.)
Bob Bauer argued that the Iran strikes raise a serious constitutional question and that any defense of their legality cannot rest on executive branch legal opinions and judgments that support virtually unfettered presidential war powers. (Executive Functions.)
Bauer and Goldsmith discussed their disagreement over the constitutionality of the United States’s attack on Iran and the current state of executive branch dominance in war powers. (Executive Functions.)
Elizabeth Goitein argued that the recent participation of National Guard forces in a drug enforcement operation in Southern California is an “alarming escalation” of the Trump administration’s use of the Guard and “appears to be illegal.” (Just Security.)
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.
Trump v. Washington: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses 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 district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response 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 district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.