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Judge Royce Lamberth (D.D.C.) on Tuesday issued a preliminary injunction requiring government defendants to restore Voice of America (VOA) programming to enable VOA to fulfill its statutory mandate, and directed the defendants to “take all necessary steps” to return employees and contractors of the U.S. Agency for Global Media to the status they held before President Trump issued an executive order targeting the agency. A temporary restraining order against the government was set to expire today. (Order.) (Opinion accompanying order.)
Judge Charlotte Sweeney (D.Colo.) on Tuesday granted a temporary restraining order enjoining the government from removing from the District of Colorado two detained Venezuelan men and a provisionally certified class of detained individuals who are or will be subject to Trump’s Alien Enemies Act (AEA) proclamation. The order requires the government to provide the petitioners and those in the class with 21 days notice before removing them pursuant to the AEA and Trump’s proclamation. The order imposes additional notice requirements on the government. (Order.)
Three Manhattan federal prosecutors who had been placed on administrative leave following the Southern District of New York’s handling of the Eric Adams case resigned on Tuesday rather than satisfying a condition on their return to “express regret and admit some wrongdoing by the Office in connection with the refusal to move to dismiss the case.” (Letter of resignation.) (NYT.)
Bob Bauer and Jack Goldsmith discussed the Supreme Court’s early Saturday morning Alien Enemies Act ruling, a district court rejection of a Consumer Financial Protection Bureau reduction-in-force, and what these rulings suggest about how courts are approaching Trump 2.0 litigation. (Executive Functions.)
Dan Epps discussed what a footnote in Judge Wilkinson’s Abrego Garcia opinion last week that cites news articles depicting President Trump’s statements suggests about courts’ approach to Trump litigation. (Divided Argument.)
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. 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.