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The Trump administration on Thursday filed an application in the Supreme Court to stay a district court order prohibiting federal immigration officials in seven California counties from conducting detentive stops based on four factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.” The administration also requested an administrative stay of the order. (Application.)
Judge Deborah L. Boardman (D. Md.) on Thursday certified a class action lawsuit and granted a classwide preliminary injunction against the Trump administration blocking enforcement of the birthright citizenship executive order. (Class Certification Order.) (Class Certification Opinion.) (Preliminary Injunction Order.) (Preliminary Injunction Opinion.)
Magistrate Judge D. Edward Snow (E.D. Okla.) recommended that the district court judge strike down an Oklahoma law allowing undocumented immigrants to get in-state college tuition because it is preempted by federal law. (Report and Recommendation.) Chris Geidner argued that this case was “manufactured” by the DOJ and the Oklahoma attorney general and there is no actual case or controversy. (Law Dork.)
The Department of Education will begin collecting data on race, gender, test scores, and GPAs to determine whether universities are giving preference to minorities in admissions. (NYT.)
President Trump on Thursday ordered the Department of Commerce to start work on a new census count that excludes undocumented immigrants. (NYT.)
Bob Bauer argued that the U.S. Office of Special Counsel’s investigation into Jack Smith for an alleged violation of the Hatch Act is “an example of good government rules, adopted with the best of intentions, that prove especially vulnerable to bad-faith political manipulation.” (Executive Functions.)
Cass Sunstein discussed the appeal of judicial minimalism in the Supreme Court at a time when the executive branch is engaging in a large number of actions raising serious legal questions. (Cass’s Substack.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.”
National Institutes of Health, et al. v. American Public Health Association, et al.: The government filed an application on July 24 to stay a federal district court order that prevented the National Institutes of Health from canceling grants that, according to the administration, are related to DEI and “gender ideology.” The American Public Health Association filed a response in opposition to the government's application for a stay on August 1. The government filed a reply in support of the application for a stay on August 4.