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The Supreme Court on Tuesday stayed a district court preliminary injunction that barred implementation of a Defense Department policy excluding transgender individuals from military service. Justices Sotomayor, Kagan, and Jackson would have denied the government’s application for a stay. (Order.)
Judge Alvin Hellerstein (S.D.N.Y.) on Tuesday ruled that President Trump’s Alien Enemies Act proclamation invalidly invoked the law as the basis for the removal of alleged members of Tren de Aragua. Judge Hellerstein enjoined the government from enforcing the proclamation in the Southern District of New York and from removing individuals pursuant to it. See background on the case in a prior Roundup. (Order and opinion.)
Judge Stephanie Gallagher (D. Md.) on Tuesday refused from the bench to withdraw her April 23 directive requiring the government to “facilitate” the return to the United States of a Venezuelan man deported to El Salvador. Judge Gallagher put her earlier ruling on hold for 48 hours to give the government the opportunity to appeal. See a prior Roundup for the April order. (Politico.)
Secretary of Education Linda McMahon sent a letter on Monday to Harvard President Alan Garber informing Garber that “Harvard should no longer seek GRANTS from the federal government, since none will be provided.” (Letter.) (NYT.)
The Trump administration declassified an intelligence memo on Monday that found the following: “While Venezuela's permissive environment enables [Tren de Aragua] to operate, the Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in the United States.” (Memo.)
Bob Bauer assessed how President Trump's self-conception as a "real estate guy at heart" illuminates his approach to the rule of law in this "business-model" presidency. (Executive Functions.)
Curtis Bradley, Jack Goldsmith, and Oona Hathaway argued that the president likely does not need to submit the U.S.-Ukraine mineral deal for congressional approval, but that Congress may need to sign off on additional agreements contemplated in this one. (Lawfare.)
Brian Finucane described what we know about the agreement between the United States and El Salvador to detain Venezuelan migrants. (Just Security.)
Nicholas Bagley disagreed with the Trump administration’s claim that it can skip “notice-and-comment” requirements so long as it has already heard all arguments that may arise. (Divided Argument.)
Yuval Levin analyzed the causes and implications of Congress receding from its intended role in the American constitutional system. (The Atlantic.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay pending appeal district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Court requested response by May 12 at 4:00 p.m.
Kristi Noem v. National TPS Alliance: Government filed application on May 1 to stay pending appeal district court order that granted nationwide relief requiring the government to keep in place temporary protected status for Venezuelan migrants. Court requested response by May 8 at 5:00 p.m.
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.