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A panel of the Fifth Circuit on Tuesday rejected President Trump’s invocation of the Alien Enemies Act to deport Venezuelan migrants it claimed were members of the Tren de Agua gang. The dissent criticized the majority for failing to grant the president deference on a matter relating to national security. (Opinions.) (NYT.)
In the remedies phase of the Google anti-trust case, Judge Amit P. Mehta (D.D.C.) on Tuesday ruled that Google must share some of its search data with “qualified competitors” but is not required to divest from Chrome or other parts of its business. (Opinion.)(WSJ.)
Judge Charles B. Breyer (N.D.Cal.) on Tuesday enjoined President Trump from using the National Guard currently deployed in California for law enforcement functions. (Opinion.) (POLITICO.)
In Washington, D.C., Mayor Muriel Bowser on Tuesday issued an executive order providing for indefinite coordination between the city and federal law enforcement officials “to the maximum extent allowable by law within the District.” (WaPo.)
Federal Reserve Governor Lisa Cook’s lawyers on Tuesday argued that the president lacks authority to define what constitutes sufficient “cause” for removal. (Reply in support of TRO motion.) (NYT.) See previous Roundups for background on Cook’s firing and its implications for executive power. Nick Bednar and Peyton Baker discussed the risks the Trump administration’s arguments pose for long-standing civil service tenure protections. (Lawfare.)
A panel of the D.C. Circuit Court of Appeals ordered the reinstatement of an FTC Commissioner fired by Trump earlier this year. (Order.) (NYT.) See a previous Roundup for background on the firing.
A panel of the D.C. Circuit Court of Appeals vacated a preliminary injunction that prohibited the EPA from canceling billions of dollars in federal grants distributed to nonprofits to promote the reduction of greenhouse gas emissions. (Opinion.) (NYT.)
Judge William G. Young (D.Mass.) on Tuesday apologized to the Supreme Court after Justices Gorsuch and Kavanaugh warned lower-court judges not to defy their rulings. (NYT.)
Senator Lisa Murkowski on Tuesday criticized the Trump administration for its proposed pocket rescission. (POLITICO.)
The House Oversight Committee on Tuesday released some of the Epstein files. (NYT.)
The New York Times reported on the role played by White House Counsel David Warrington in the Trump administration. (NYT.)
The Washington Post reported that the Defense Department plans to deploy 600 military lawyers to backfill immigration judges. (WaPo.)
Steve Vladeck argued that the president lacks legal authority to deploy unfederalized Texas National Guard troops to Chicago. (One First.)
Paul Rosenzweig argued the president’s invocation of expansive emergency authority threatens democracy. (The Atlantic.)
Jonathan Adler argued the Supreme Court could uphold President Trump’s tariffs as invocations of the president’s substantial authority over foreign affairs and national security. (WSJ.)
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.” Pedro Vasquez Perdomo filed a response in opposition to the government’s application for a stay on August 12. The government filed a reply in support of its application for a stay on August 13.