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The government on Monday asked the Supreme Court to stay a district court universal injunction that blocked the government from implementing President Trump’s executive order directing federal agencies to implement large-scale reductions-in-force. Justice Kagan requested a response to the application by June 9 at 12:00 p.m. The government filed this application after a divided Ninth Circuit Court of Appeals panel on Friday denied the government’s emergency motion for a stay of the injunction. (Application.) (Ninth Circuit panel’s ruling.)
Judge Royce Lamberth (D.D.C.) on Friday issued a temporary restraining order requiring the government to disburse more than $12 million in congressionally appropriated funds to Radio Free Europe/Radio Liberty. (Order.)
Judge John Holcomb (C.D. Cal.) on Monday enjoined the government from removing under the Alien Enemies Act (AEA) a Venezuelan citizen and a putative class of individuals “who were, are, or will be” subject to Trump’s AEA proclamation from the Central District of California. Notably Judge Holcomb concluded that the petitioner is unlikely to succeed on his claim that Trump’s proclamation is unlawful. (Order.)
Bob Bauer and Jack Goldsmith discussed the Emil Bove nomination, Trump’s attack on the Federalist Society, and what these developments mean for the relationship between Article II and Article III. (Executive Functions.)
Adrian Vermeule argued that the Supreme Court’s decision in Seven County Infrastructure v. Eagle County, Colorado suggests that the Court, following Loper Bright, will continue to give agencies significant discretion in the interpretation of statutes. (The New Digest.)
Ilya Somin argued that the Court of International Trade’s ruling against Trump’s tariffs under the International Emergency Economic Powers Act not only vindicates the separation of powers, but that it also stands for the proposition that “[m]ajor legal rules should be clearly stated, and not instantly changeable at one person’s whim.” (The Atlantic.)
Jed Rubenfeld argued that almost all of Trump’s tariffs are authorized under the Smoot-Hawley Tariff Act. (The Free Press.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
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. Justice Kagan requested a response to the application by June 9 at 12:00 p.m.
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. Justice Jackson requested a response to the government’s application by 4:00 p.m. on June 4.
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay two district court orders that provided for discovery into DOGE. Plaintiff filed response on May 23. Chief Justice Roberts on May 23 stayed district court orders. Government filed reply on May 24.
Social Security Administration v. American Federation of State, County, and Municipal Employees: Government filed application on May 2 to stay district court order that required the Social Security Administration to prevent DOGE from accessing personally identifiable information held by the agency. Plaintiffs filed response on May 12. Government filed reply on May 13.
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 to application 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 to application 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 to application on April 4. Government filed reply on April 7. Supreme Court heard oral argument on May 15.