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Judge Stephanie Gallagher (D.Md.) on Wednesday directed the Trump administration to return from El Salavador another Venezuelan man deported pursuant to President Trump’s Alien Enemies Act proclamation. Judge Gallagher also ordered the government to return any other members of a certified class of unaccompanied young asylum seekers who were deported. She determined that the deportation violated a settlement agreement between the individual and the government, and therefore, this case is a contractual dispute that should be settled by “standard contract principles.” To remedy this violation, Judge Gallagher ordered the government to “facilitate” the individual’s return. Judge Gallagher clarified that the U.S. government’s “facilitating” the return includes, but is not limited to, “making a good faith request to the government of El Salvador to release [the individual] to U.S. custody for transport back to the United States.” (Order.)
Judge Paula Xinis (D.Md.) on Wednesday postponed discovery in the Abrego Garcia case for one week. Both sides agreed to the delay. (Order.)
Judge William Orrick (N.D.Cal.) on Thursday issued a preliminary injunction against government defendants barring them from withholding federal funds from plaintiff sanctuary cities on the basis of certain local immigration policies. (Order.)
Judge Landya McCafferty (D.N.H.) on Thursday issued a preliminary injunction prohibiting government defendants from enforcing a “dear colleague” letter related to DEI against the plaintiffs (the largest education union in the U.S. and a nonprofit organization), their members, and associated entities. (Order.)
A 12-state coalition filed a lawsuit on Wednesday in the United States Court of International Trade challenging Trump’s “liberation day” tariffs and earlier tariffs against Canada, Mexico, and China imposed under the International Emergency Economic Powers Act (IEEPA). The plaintiffs asked the court to declare the tariffs illegal and enjoin their enforcement. This appears to be the fifth lawsuit plaintiffs have filed challenging the tariffs. (Complaint.) (See here Ilya Somin’s description of the lawsuit and its relationship to others, The Volokh Conspiracy.)
President Trump on Wednesday issued an executive order directing changes in the process of accrediting universities. (Executive order.)
Steve Vladeck outlined the Supreme Court’s process for handling emergency applications. (One First.)
Todd Phillips argued that “there is simply no principled way of ensuring the Fed’s removal protections stand while striking down those of all other agencies.” (Lawfare.)
John Bessler argued that sending convicted U.S. citizens abroad, as President Trump has suggested, would violate the Eighth Amendment. (WAPO.)
William Galston argued that the U.S. system of checks and balances imposes concrete limits on executive power, even if that power is viewed expansively. (WSJ.)
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 (dissent). 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.