So Many Emergencies
The Supreme Court’s emergency docket is jam-packed with requests from the Trump administration to lift lower judge’s injunctions blocking various executive orders and policies.
Unlike merits cases, these emergency applications are handled “on the papers,” meaning the court rules once each side gets to stake out their position in writing.
Here’s a look at where each stands:
Birthright citizenship: Filed: March 13; Plaintiffs’ responses due: April 4, 4 p.m. EDT
The administration is asking to narrow three nationwide injunctions (upheld by the 1st, 9th and 4th circuits) blocking Trump’s birthright citizenship executive order. The Justice Department wants the injunctions to only cover the plaintiffs and allow officials to enforce Trump’s order otherwise.
Probationary employees: Filed: March 24; Plaintiffs’ response due: April 3, 12 p.m. EDT
The administration is asking to lift a San Francisco-based district judge’s injunction (upheld by the 9th Circuit) ordering more than 16,000 fired probationary employees at six federal agencies be reinstated. If the request succeeds, the employees would be terminated once again.
Teacher grants: Filed: March 26; Plaintiffs’ response due: Already filed, March 28
The administration wants to wipe a Boston-based district judge’s temporary restraining order enabling eight Democratic-led states to draw down $65 million under federal teacher development grant programs the administration froze as part of its diversity, equity and inclusion crackdown.
Alien Enemies Act: Filed: March 28; Plaintiffs’ response due: No deadline set yet
The administration wants to lift a series of orders issued by a Washington, D.C.-based district judge blocking Trump from invoking the Alien Enemies Act, a rarely used, wartime law, to swiftly deport alleged Venezuelan gang members.
https://thehill.com/newsletters/the-gavel/5226754-trump-law-firms-legal-heavyweight/amp
