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A divided three-judge panel of the Fourth Circuit Court of Appeals on Tuesday rejected the government’s request to stay a district court order preventing the government from detaining a Georgetown scholar pending the disposition of his habeas petition. The court also rejected the government’s request for mandamus in the alternative. (Order, opinion, and Judge Wilkinson dissent.)
The Trump administration on Monday noticed its appeal of the district court decision striking down the executive order targeting Perkins Coie. (Notice of appeal.)
The administration filed a lawsuit on Monday against the City of Los Angeles over the city’s alleged obstruction of immigration enforcement. (Complaint.)
The administration also on Monday sent a letter to Harvard informing the university of its determination that the university had violated civil-rights law in its treatment of Jewish and Israeli students. (WSJ.)
Bob Bauer and Jack Goldsmith discussed Trump v. Casa—including the majority’s narrow focus and its statements on Solicitor General John Sauer’s concession to the bindingness of the Court’s judgments and opinions on the executive branch. (Executive Functions.)
Harold Koh, Alan Raul, and Fred Halbhuber argued that “set aside” relief under the Administrative Procedure Act provides a well-grounded replacement for the broad relief previously obtained through universal injunctions. (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.