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California yesterday requested a temporary restraining order (TRO) be issued by 1:00 p.m. PT yesterday to prevent “the use of federalized National Guard and active duty Marines for law enforcement purposes.” Judge Charles Breyer (N.D. Cal.) did not formally rule on that request but scheduled a hearing on California’s motion for a TRO for 1:30 p.m. PT tomorrow. (Judge Breyer’s order.) (California’s ex parte motion for a TRO.) (Government’s notice in opposition to California’s motion for a TRO.)
Chris Mirasola argued that California in its lawsuit probably overstated the required involvement of the governor in federalizing the National Guard. (Lawfare.)
Elizabeth Goitein argued that although the statutory authority Trump relied on in his memorandum federalizing the National Guard on its face “give[s] the president significant discretion to deploy troops to quell civil unrest or to enforce the law,” the Constitution and tradition “would presumably mandate [a] limiting interpretation” if the law were considered to be an independent, substantive source of authority. (Just Security.) This is an argument similar to one that Bob made yesterday in his chat with Jack.
The Federal Circuit Court on Tuesday granted the government’s application for a stay of the Court of International Trade’s ruling blocking many of Trump’s tariffs. The full court will consider the case on an expedited basis and plans to hold oral argument on July 31. See a prior Roundup for the Court of International Trade’s ruling. (Order.)
A three-judge panel of the D.C. Circuit Court of Appeals on Tuesday issued an administrative stay of a district court order that had directed the government to “facilitate the … ability” of a class of noncitizens transferred from U.S. custody to El Salvador on March 15 and 16 pursuant to Trump’s AEA proclamation “to seek habeas relief to contest their removal under the Act.” See the district court order in a prior Roundup. (Order.)
Deputy Attorney General Todd Blanche wrote in a memorandum on Monday that the Justice Department’s Foreign Corrupt Practices Act investigations and prosecutions would “limit[] undue burdens on American companies that operate abroad” and “target[] enforcement actions against conduct that directly undermines U.S. national interests.” (Memorandum.)
A grand jury indicted Rep. LaMonica McIver (D-N.J.) on Tuesday on three counts in connection with an altercation between McIver and law enforcement officers outside an immigration detention facility last month, according to New Jersey U.S. Attorney Alina Habba. See a prior Roundup for the complaint entered on May 20. (Politico.) (Alina Habba statement.)
Thomas Edsall assessed the nature of Trump’s pardons and commutations and the role they play in his program to transform the presidency. (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
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. Justice Jackson requested response to application by June 13 at 4:00 p.m.
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.
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction that barred the government from deporting individuals to third countries without providing appropriate process. Plaintiffs filed response on June 4. Government filed reply on June 5.
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.