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The Latest Breaking News from Steve Vladeck

The Attorney General Can Put Her Own Legal Team in Place—through U.S. Attorneys in New Jersey and Elsewhere

Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it…

Reason

Mistaking Adherence to Formalist Principle for Appeasement

The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.

Reason

TribCast: A very unusual Supreme Court term

The TribCast gang is finally reunited, just in time to dive into the big cases and unresolved questions from the term.

The Texas Tribune

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Texas’ swift surrender to DOJ on undocumented student tuition raises questions about state-federal collusion

Experts say Wednesday’s action to eliminate the long-standing policy could be a “collusive lawsuit,” where the state and feds worked the courts to get a desired outcome.

The Texas Tribune

How can Trump use the national guard on US soil?

Trump ordered the deployment of 4,000 national guard and 700 marines to LA amid Ice protests – here’s what to know

The Guardian - US

Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation

Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.

Reason

Trump's first 100 days offer blueprint for future presidents to evade Congress - Roll Call

President Trump's first 100 days back in office has given future presidents a roadmap to making end-runs around Congress.

Roll Call

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Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case

The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.

Reason

White House denies violating judge’s order with Venezuela deportations

Trump administration used Alien Enemies Act to deport about 250 alleged gang members to El Salvador

The Guardian - US

Trump deports 238 ‘gang members’ to El Salvador: What’s the controversy?

The US president invokes a 1798 law to deport alleged members of the Venezuelan gang Tren de Aragua to El Salvador.

Al Jazeera

SCOTUS DOGE: The Wall of Receipts for President Trump's Three Appointees

Republicans have a problem. Since the Nixon Administration, Republican Presidents have appointed sixteen out of twenty-one Supreme Court justices. But… The post SCOTUS DOGE: The Wall of Receipts for President Trump's Three Appointees appeared first on Reason.com.

Reason

Trump Administration Gets A Breather As Supreme Court Temporarily Pauses Foreign Aid Deadline

U.S. Supreme Court Chief Justice John Roberts issued a temporary order, known as an "administrative stay," putting the deadline on hold. This action gives the court a few days to review the case and the administration's request to block the ruling.

International Business Times

Trump's Attempt to Usurp Congress's Spending Power

The White House's withholding of federal grants, impoundment plans, and other actions, are a major attack on the separation of powers.

Reason

Trump's Birthright Citizenship Order Doesn't Just Apply to Undocumented Immigrants

Children could be denied citizenship even if their parents are here completely legally.

Reason

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The Guardian - US

If Trump wins the election, he could seize control of America’s courts

Fears are growing that Trump, emboldened by the immunity ruling, could strengthen his grip on the US judiciary

Al Jazeera

Fact check: Can Trump use a 1798 law to carry out mass deportations?

The law has been used three times in history – but only when the United States has been at war with a foreign nation.

The Texas Tribune

Again and again, U.S. Supreme Court slaps down 5th Circuit

The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.

Salon

Expert: SCOTUS makes president a "king"

The Supreme Court granted former presidents immunity for “official acts” on Monday

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Top News

Supreme Court Limits Use Of Official Acts As Evidence

Court ruling on presidential immunity raises questions about proving wrongdoing by former presidents and legal challenges in accountability.

International Business Times

SCOTUS Upholds Law Barring Gun Ownership For Domestic Abusers

The decision comes amid a turbulent political debate concerning firearms, creating a challenging environment for passing new gun laws. State and federal laws prohibiting gun ownership have faced increasing scrutiny from the courts.

Reason

"Trump Didn't Violate Logan Act with Reshare of Old Iran Social Media Post, Experts Say"

PolitiFact (Jeff Cercone) has the story; I am one of the experts. An excerpt about the facts: After Iran launched a barrage of missiles at Israel on April 13 in its first direct military assault on the country, Sen. Rick Scott, R-Fla., told his X followers why he thought former…

Reason

McConnell and Schumer Offer Dueling Approaches To Judicial Reform

McConnell's bill would ensure that no one can benefit from nationwide injunctions. Schumer's bill would ensure that liberal litigants still benefit from nationwide injunctions.

Reason

How Many Judges Sit In Single Judge Divisions?

And how many of those judges have issued national injunctions?

Salon

Profs: Trump ballot ruling may backfire

SCOTUS ruling "unclear" on whether congressional Dems could use Section 3 to refuse to count Trump electoral votes

The Guardian - US

Supreme court’s decision to hear Trump’s immunity claim sanctions his delay strategy

Whether or not the justices’ decision to hear former president’s long-shot theory indicate a split on the court, there is no doubt who benefits

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