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A three-judge panel of the Fourth Circuit Court of Appeals on Thursday denied the government’s motion for a stay of the district court’s preliminary injunction and for a writ of mandamus in the Abrego Garcia case. Judge J. Harvie Wilkinson wrote, “We yet cling to the hope that it is not naïve to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos. This case presents their unique chance to vindicate that value and to summon the best that is within us while there is still time.” See a prior Roundup for the district court’s order. (Order.)
The Supreme Court on Thursday said it would hear oral argument in the birthright citizenship cases—which the Court consolidated—on May 15. (Order.)
Judge Ellen Lipton Hollander (D.Md.) on Thursday issued a preliminary injunction that, among other things, barred the Department of Government Efficiency from accessing personally identifiable information possessed by the Social Security Administration. (Order.) (Opinion accompanying order.)
“The Consumer Financial Protection Bureau plans to cut at least 1,500 employees,” reported the Wall Street Journal. The agency said it had 1,758 employees as of the end of September 2024. This comes after the D.C. Circuit Court of Appeals last week stayed a district injunction barring the government from taking steps to dismantle the agency. See the appeals court’s decision in a prior Roundup. (WSJ.)
The Trump administration in a Wednesday letter threatened to prevent Harvard from enrolling international students, as part of its ongoing attack on the university. (WSJ.)
Bob Bauer and Jack Goldsmith discussed the Fourth Circuit panel’s denial in the Garcia case and Judge Boasberg’s contempt opinion. (Executive Functions.)
Curtis Bradley, Goldsmith, and Oona Hathaway argued that a 2022 statute that attaches transparency requirements to international agreements might compel the administration to disclose the details of its agreement with El Salvador to house migrants deported from the United States. (Lawfare.)
Jason Willick urged those arguing for the government’s compliance with court orders regarding the government’s efforts to return Garcia to the United States to focus on the administration’s lawlessness and defiant behavior instead of Garcia’s guilt or innocence. (WAPO.)
Quinta Jurecic assessed how a contempt order against the Trump administration might play out. (The Atlantic.)
Ed Whelan contended that Stephen Miller is dramatically mischaracterizing the Supreme Court’s ruling in the Garcia case. (The National Review.)
Daniel Jacobson and John Lewis argued that notwithstanding the Supreme Court’s ruling in Department of Education v. California directing funding claims under the Administrative Procedure Act to the Federal Court of Claims, litigants suing the Trump administration over funding freezes still have multiple paths to challenge those freezes in district court. (Lawfare.)
Tom Nichols argued that Ed Martin’s 150 or so appearances on Russian state television is another disqualifying feature of his nomination for D.C. U.S. attorney. (The Atlantic.)
Pending Emergency Order Applications Involving the U.S. Government in the Supreme Court
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.