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Judge Deborah Boardman (D. Md.) on Wednesday held in abeyance a motion for a class-wide preliminary injunction against enforcement of the birthright citizenship executive order pending direction from the Fourth Circuit Court of Appeals. Judge Boardman issued an “indicative ruling” that the court would grant the motion “if it had jurisdiction to do so.” (Order.) (Opinion.)
The government filed a brief in opposition to a petition in the Supreme Court for certiorari before judgment in the tariff case currently pending at the D.C. Circuit. The petitioners asked the Court to decide whether the International Emergency Economic Powers Act authorizes the president to impose tariffs. See more background on this case in a prior Roundup. (Government’s brief.)
Bob Bauer and Jack Goldsmith discussed the obligations of companies to comply with the TikTok ban-or-divest statute in light of the Trump administration’s non-enforcement pledges. (Executive Functions.)
Bauer also discussed Trump 2.0 litigation, the administration’s expansive executive power claims, and its departure from ethical norms. (National Journal.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Mary Boyle: Government filed application on July 2 to stay district court order that invalidated Trump’s firing of three members of the Consumer Product Safety Commission. Plaintiffs filed response to application on July 11. Government filed reply on July 14.
Editor’s Note: We removed one case from our interim orders list that has appeared on the list for the last few weeks, Learning Resources v. Trump. This case, referenced in the second blurb in today’s Roundup, came to the Supreme Court via petition for certiorari before judgment—not through an interim order application.