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Judge Dabney L. Friedrich (D.D.C.) on Monday granted plaintiff’s preliminary injunction enjoining the government from withholding funds from the National Endowment for Democracy. (Opinion.) (Order.)
Judge Paul A. Engelmayer (S.D.N.Y.) on Monday denied the government’s motion to unseal the grand jury transcripts and exhibits in Ghislaine Maxwell’s criminal case. (Opinion & Order.)
President Trump on Monday announced that he would deploy the D.C. National Guard and assume control of the Metropolitan Police Department. (NYT.) (Trump's letter to Congress on DC police.)
Steve Vladeck discussed the historical background to D.C. home rule and the legal authorities underlying the deployment of the D.C. National Guard. (One First.)
Chris Mirasola argued that President Trump’s use of the D.C. National Guard rests on “incredibly broad and outdated” statutory authority and reflects a longstanding pattern of executive branch maximalism that undermines legal limits on domestic military deployment. (Lawfare.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.”
National Institutes of Health, et al. v. American Public Health Association, et al.: The government filed an application on July 24 to stay a federal district court order that prevented the National Institutes of Health from canceling grants that, according to the administration, are related to DEI and “gender ideology.” The American Public Health Association filed a response in opposition to the government's application for a stay on August 1. The government filed a reply in support of the application for a stay on August 4.