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The government on Tuesday asked the Supreme Court to clarify its order staying the district court’s third-country removal injunction and for an administrative stay of the district court’s remedial orders, on May 21 and on Monday evening, that the government argues should be stayed along with the injunction. See yesterday’s Roundup for background. (Motion.)
A three-judge panel of the Second Circuit Court of Appeals on Tuesday ordered the government to “facilitate the return” of a Salvadoran man who was removed to El Salvador on May 7 “despite the Government’s prior assurance to this Court that it ‘would forebear removal until May 8.’” According to The New York Times, this is the “fourth time in recent months that federal judges directed the Trump administration to seek the return of immigrants who were expelled from the country either in error or in violation of court orders.” (Order.)
Judge James Donato (N.D. Cal.) on Tuesday became the second federal judge to enjoin government defendants from enforcing an executive order that excludes certain government officials from the collective bargaining protections guaranteed by the Federal Service-Labor Management Relations Statute. The first injunction has been stayed by the D.C. Circuit Court of Appeals. (Judge Donato’s order and opinion.) (Josh Gerstein, X.)
Judge Tana Lin (W.D. Wash.) on Tuesday enjoined the government from suspending or revoking congressionally appropriated electric vehicle charging funds for 14 states. (Order and opinion.)
Brian Finucane argued that the White House’s justifications for the strikes against Iran under domestic and international law “are unconvincing … [and] raise profound concerns as to whether the Executive Branch has adopted expansive new legal theories justifying the use of force.” (Just Security.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
Learning Resources v. Donald Trump: Plaintiffs on June 17 filed petition for certiorari before judgment in the tariff case currently pending at the D.C. Circuit and asked the Supreme Court to expedite consideration of the petition. Government filed response to motion to expedite on June 18. Plaintiffs filed reply in support of the motion on June 20. Court denied plaintiffs’ motion to expedite on June 20.
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.
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.