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The D.C. Circuit Court of Appeals on Thursday denied appellees’ petition for a rehearing en banc in Trump v. Global Health, a case brought by outside organizations challenging the Trump administration’s freezing of foreign aid spending under the Administrative Procedure Act (APA) and the U.S. Constitution. At the same time, the full court amended a panel opinion issued earlier this month in the case that had precluded plaintiffs from challenging impoundment under the APA. (Order.) (Amended Opinion.) (NYT.) See previous Roundups for background on the legal proceedings, including the district court’s preliminary injunction, the appellate panel’s order vacating the district court order, and the government’s emergency appeal to the Supreme Court.
Judge Royce C. Lamberth (D.D.C.) on Thursday issued a permanent injunction blocking the Trump administration from terminating the director of Voice of America (VOA), a federally-funded news organization. (Order.) (NYT.) See previous Roundups for pending legal cases challenging the Trump administration’s dismantling of VOA.
Judge John Bates (D.D.C.) on Wednesday authorized a $2,270 refund for paid restitution to a Jan. 6 rioter whose felony conviction was vacated by President Trump’s blanket pardons to individuals who stormed the Capitol. (Opinion.) (Politico.)
Lawyers for Kilmar Armando Abrego Garcia on Thursday asked Judge Waverly D. Crenshaw (M.D. Tenn.) to prohibit government officials from publicly attacking their client to safeguard his right to a fair trial. Garcia, who was returned to the United States earlier this year after he was unlawfully deported to El Salvador, is scheduled to stand trial on federal immigrant smuggling charges. (Motion.) (Politico.) See previous Roundups for background on Garcia’s legal case.
The White House said Wednesday that it had fired the Director of the Centers for Disease Control and Prevention (CDC) Susan Monarez after she refused to resign. Monarez’s lawyers argued her firing was “legally deficient” because she was notified of her removal by a White House staffer, whereas only the president has authority to terminate her. (WSJ.)
The Trump administration is reportedly planning an immigration crackdown in Chicago that would use 200 homeland security agents and a local naval base. In response to the reports, the mayor of Chicago condemned the Trump administration’s tactic of using U.S. Immigration and Customs Enforcement agents “as a pretext to justify further escalation by federal agents and National Guard troops.” (NYT.)
Peter E. Harrell revisited the history of U.S. government ownership in private companies and analyzed the legal theories supporting government stakes in private companies. (Lawfare.) See previous Roundups for background on the Trump administration acquiring equity in Intel.
Lev Menand argued that the Supreme Court’s decision in Trump v. Wilcox did not go far enough to insulate the Federal Reserve from the president. (The Atlantic.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.” Pedro Vasquez Perdomo filed a response in opposition to the government’s application for a stay on August 12. The government filed a reply in support of its application for a stay on August 13.
Trump v. Global Health: The government filed an application on August 26 to stay a federal district court preliminary injunction that ordered the government to “make available for obligation the full amount of funds that Congress appropriated for foreign assistance programs.”