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A three-judge panel of the United States Court of International Trade on Tuesday denied a motion for a temporary restraining order against President Trump’s “liberation day” tariffs. The plaintiffs alleged in their complaint that the International Emergency Economic Powers Act (IEEPA) does not provide the president with authority to impose tariffs, and that even if it did, Trump’s invocation of IEEPA violates the major questions doctrine. (Order.)
Judge Paula Xinis (D.Md.) on Tuesday ordered the government defendants to respond to most of plaintiffs’ discovery requests in the Abrego Garcia case. Judge Xinis wrote that the defendants’ objection to certain discovery requests grounded in the defendants’ claim that the requests are based on the “‘false premise that the United States can or has been ordered to facilitate Abrego Garcia’s release from custody in El Salvador.’ … reflects a willful and bad faith refusal to comply with discovery obligations.” (Order.)
Judge Alvin Hellerstein (S.D.N.Y.) on Tuesday extended until May 6 an Alien Enemies Act temporary restraining order for two Venezuelan men detained in New York and a certified class. See the temporary restraining order in a prior Roundup. (Order.) (Amended temporary restraining order extended on Tuesday.)
President Trump said Tuesday that he has “no intention” of firing Chair of the Federal Reserve Jerome Powell. (AP.)
Bob Bauer argued that Trump’s elections executive order lays the groundwork for challenges to the 2026 congressional elections focused on voting machines. (Executive Functions.)
Thomas Schmidt contended that whether the Trump administration will comply with court orders depends largely on the maintenance of “a political culture that demands respect for the rule of law.” (The Atlantic.)
Paul Butler placed in historical and philosophical context Trump’s claimed desire to deport U.S. citizens who commit violent crimes. (WAPO.)
Ahilan Arulanantham argued that “the government’s plan to send Venezuelans accused of being ‘enemy aliens’ to CECOT is unconstitutional punishment without trial,” in violation of the Fifth and Sixth Amendments. (Just Security.)
Jeffrey Toobin argued that the Supreme Court’s handling of defiance of its Brown v. Board of Education ruling should inform its handling of the Trump administration’s conduct in the Alien Enemies Act litigation. (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
A.A.R.P. v. Trump: Plaintiffs filed application on April 18 to enjoin the government from deporting Venezuelan individuals and a putative class under the Alien Enemies Act. Court on April 19 enjoined the government from carrying out the deportations (dissent). Government filed response on April 19. Plaintiffs filed reply on April 21.
Donald Trump v. Gwynne A. Wilcox: Government filed application on April 9 to stay pending appeal district court injunctions barring the firing of board members of the NLRB and MSPB. Chief Justice Roberts on April 9 stayed district court injunctions. Plaintiffs filed responses to the government’s application on April 15. Government filed reply on April 16.
Trump v. Washington: Government filed application on March 13 to stay pending appeal district court nationwide injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court set oral argument for May 15.
Trump v. New Jersey: Government filed application on March 13 to stay pending appeal district court nationwide injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court set oral argument for May 15.
Trump v. CASA: Government filed application on March 13 to stay pending appeal district court nationwide injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response to application on April 4. Government filed reply on April 7. Supreme Court set oral argument for May 15.