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Judge Allison Burroughs (D. Mass.) on Friday issued a temporary restraining order enjoining the government from enforcing its revocation of Harvard’s Student and Exchange Visitor Program certification, allowing Harvard to continue to enroll international students. See Harvard’s complaint in a prior Roundup. (Order.)
Judge Brian Murphy (D. Mass.) issued a preliminary injunction on Friday requiring the government to “facilitate” the return from Guatemala of a deported Guatemalan individual after the government’s admission that it had made a factual error. (Order.)
Judge Murphy on Monday denied the government’s motion for reconsideration or a stay of three orders determining that the government had violated a preliminary injunction against removals to third countries without proper notice and imposing process requirements for conducting third-country removals. See the three previous orders. (Order.)
Chief Justice Roberts on Friday stayed two district court orders providing for discovery into DOGE. See the government’s application in a prior Roundup. (Order.)
The government on Friday withdrew its application in the Supreme Court for a stay of a district court order that prevented the government from enforcing an executive order directing federal agencies to prepare to conduct “large-scale reductions in force.” (Letter.)
Judge Beryl Howell (D.D.C.) on Friday denied the government defendants’ motion to stay her order granting summary judgment to the U.S. Institute of Peace that prevented the Trump administration from taking control of the institute. The government on Wednesday appealed Judge Howell’s summary judgment order, which you can find in a prior Roundup. (Order.)
Judge Leo Sorokin (D. Mass.) on Friday required the government to restore certain patient-safety articles to an online resource hosted by the federal government. The government had removed the articles pursuant to President Trump’s executive order regarding “gender ideology.” (Order.) (Opinion.)
Judge Jennifer Choe-Groves (Court of International Trade) on Friday granted the government’s motion to dismiss a pro se lawsuit challenging the constitutionality of Trump’s tariffs. The court dismissed the lawsuit on standing grounds. (Order.)
Will Baude argued that the Supreme Court’s key holdings in its order in the removal cases are principled, supported by past practice, or both, and that deciding these cases on the shadow docket is not problematic because the Justices have already seriously considered the president’s removal power. (NYT.)
Baude proposed three ways that the Court could exclude the Federal Reserve from a ruling permitting the firing of MSPB and NLRB board members. (Divided Argument.)
Steve Vladeck argued that the removal order reflects inconsistency in the Court’s jurisprudence related to the unitary executive. (One First.)
Kate Shaw argued that the Supreme Court’s order “suggests that the administration did not need to abide by Congress’s statutes or the Supreme Court’s rulings as it sought to change legal understandings.” (NYT.)
Cass Sunstein discussed the concept of the “morality of legality”—which “holds that all those who work for the federal government have a moral obligation to act consistently with law.” (Cass’s Substack.)
Jed Rubenfeld contended that the Trump administration’s attack against Harvard violates the First Amendment and probably violates applicable federal regulations. (The Free Press.)
Mitchell Berman argued that Trump’s efforts to leverage federal funding against American institutions is unconstitutional. (WAPO.)
Kevin Cope and Mila Versteeg contended that the United States government and society have six features that make the country relatively resistant to President Trump’s effort to displace long standing institutions and norms. (The Atlantic.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington: Government filed application on May 21 to stay two district court orders providing for discovery into DOGE. Plaintiff filed response on May 23. Chief Justice Roberts on May 23 stayed the district court orders. Government filed reply on May 24.
Noem v. Doe: Government filed application to stay district court order that prevented the government from revoking parole and work authorizations that the government had previously granted to noncitizens from four countries. Plaintiffs filed response on May 15. Government filed reply on May 16.
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.