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Judge James Boasberg (D.D.C.) on Wednesday ordered the government to “facilitate the … ability” of a class of noncitizens transferred from U.S. custody to the Terrorism Confinement Center in El Salvador on March 15 and 16 pursuant to President Trump’s Alien Enemies Act proclamation “to seek habeas relief to contest their removal under the Act.” Judge Boasberg determined that the class before removal had not received “constitutionally adequate notice … or any meaningful opportunity ‘to actually seek habeas relief,’” in violation of their due process rights under the Fifth Amendment. Judge Boasberg allowed the government to submit proposals as to how it will comply with his order to facilitate the return of these individuals. (Order.) (Opinion.)
Trump on Wednesday ordered an investigation into “whether certain individuals conspired to deceive the public about Biden’s mental state and unconstitutionally exercise the authorities and responsibilities of the President” and “the circumstances surrounding Biden’s supposed execution of numerous executive actions during his final years in office.” (Memorandum.) (Fact sheet.)
Trump on Wednesday issued a proclamation that suspends the entry into the United States of international students to study at Harvard. This comes after a federal judge last month enjoined the government from enforcing its revocation of Harvard’s Student and Exchange Visitor Program certification—which allowed Harvard to continue to enroll international students. (Proclamation.) (NYT.)
Trump on Wednesday imposed a new travel ban—with very limited exceptions—on individuals from 12 countries and limited entry into the United States for individuals from seven more countries. (Proclamation.) (WSJ.)
A three-judge panel of the First Circuit Court of Appeals on Wednesday denied the government’s motion for a stay of a preliminary injunction that barred the government from taking actions to dismantle the Department of Education. See the preliminary injunction in a prior Roundup. (Order.) (Opinion.)
A three-judge panel of the Fourth Circuit Court of Appeals on Tuesday vacated a district court ruling that had dismissed for lack of jurisdiction a lawsuit challenging an Executive Office for Immigration Review speech policy. The district court had determined that the Civil Service Reform Act requires that the challenge be brought before the Merit Systems Protection Board (MSPB). The appeals court determined that the changes to the “functionality and independence” of the MSPB require the district court to reevaluate whether the adjudicatory scheme under the CSRA still functions as intended by Congress, and should still strip district courts of jurisdiction over these matters. (Opinion.)
Judge Deborah Boardman (D.Md.) on Thursday issued a preliminary injunction preventing the government from terminating certain AmeriCorps grants and programs and requiring the government to return to service individuals working on those programs. (Order.) (Opinion.)
Judge Andrew Carter (S.D.N.Y.) on Wednesday issued a temporary restraining order halting the Department of Labor’s shutdown of the Job Corps program. (Order.)
The government brought a Guatemalan man back to the United States after a federal judge ordered the government to “facilitate” his return. See the order in a prior Roundup. (NYT.)
Bob Bauer argued that President Trump’s profiteering in office is integral to his program of realizing an all-powerful presidency. (Executive Functions.)
Michael McConnell argued that a ruling in favor of Trump’s use of the International Emergency Economic Powers Act as the authority for his tariffs could broadly “empower … presidents to take upon themselves extensive powers never intentionally delegated by Congress.” (NYT.)
Kathleen Claussen argued that only action by Congress—not the ongoing litigation against Trump’s tariffs—has the potential to restore Congress’s proper role in conducting trade policy. (Just Security.)
Lee Kovarsky proposed three ways for state and federal officials to mitigate the effects on governance of Trump’s “patronage pardons.” (NYT.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
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. Justice Kagan requested response to application by June 9 at 12:00 p.m.
Department of Homeland Security v. D.V.D.: Government filed application on May 27 to stay district court universal injunction that barred the government from deporting individuals to third countries without providing appropriate process. Plaintiffs filed response on June 4.
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay two district court orders that provided for discovery into DOGE. Plaintiff filed response on May 23. Chief Justice Roberts on May 23 stayed district court orders. Government filed reply on May 24.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.
Trump v. Washington: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed responses on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. New Jersey: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.
Trump v. CASA: Government filed application on March 13 to stay district court universal injunction against enforcement of Trump’s birthright citizenship executive order. Plaintiffs filed response on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.