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Judge Michael Farbiarz (D. N.J.) on Friday declined to order the government to release Mahmoud Khalil. Judge Farbiarz allowed Khalil’s continued detention not on the basis of the secretary of state’s determination that Khalil’s activities and presence in the United States substantially harm U.S. foreign policy, but rather on the basis of the government’s allegation that Khalil incorrectly completed his lawful-permanent-resident form. See a prior Roundup for background. (Order.) (Politico.)
The New York Times reported on the Trump administration’s strategy of “winning” in its attacks on law firms even as it loses in litigation challenging these attacks.
Jack Goldsmith assessed the importance of Martin v. Mott, a nineteenth-century Supreme Court opinion penned by Justice Story, to the legal dispute over Trump’s deployment of the National Guard in Los Angeles. (Executive Functions.)
Samuel Bray contended that the Senate version of a bill reforming injunction bonds is a significant improvement over the version previously proposed by the House. (Divided Argument.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
McMahon v. State of New York: Government filed application on June 6 to stay district court preliminary injunction that barred the government from taking actions to dismantle the Department of Education. Plaintiffs filed responses to application on June 13. Government filed reply on June 16.
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. Plaintiffs filed response on June 9. Government filed reply on June 10.
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. Government filed reply on June 5.
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.