On July 12, the government filed an application before the Supreme Court for a stay pending appeal to the U.S. Court of Appeals for the Ninth Circuit in Trump v. Sierra Club, concerning the president’s use of military funds to construct his wall along the southern border. The government argues that the district court’s decision to grant an injunction was based on a misreading of the relevant statutory text and that the plaintiffs lack standing to challenge the policy.
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The Supreme Court had denied a writ of certiorari in the case of Al-Alwi v. Trump. Justice Stephen Breyer wrote separately. The denial, and Justice Breyer’s statement, can be read here and below.
The Foreign Sovereign Immunities Act and the International Organizations Immunities Act should not be read to mean that the former governs all questions of the immunity of international organizations.
Document: Trump Administration Seeks Emergency Stay of Order to Produce Privilege Log in Transgender Servicemember Ban Litigation
On Monday, the Trump administration applied to the Supreme Court for an emergency stay of a district court order in litigation related to the transgender servicemember ban. A district court ordered the government to produce a log of evidence it believes is subject to presidential communications privilege. The government argues that a 2004 case should protect the government from doing so. The full application is below.
Three different batches of documents relating to the Supreme Court nominee’s time in the Bush White House caused conflict on the first day of confirmation proceedings.
Hot on the heels of the Kennedy retirement announcement, we’ve got our special Supreme Court finale episode! This is the show for you if you would enjoy detailed and amicable debate and discussion concerning:
What the high court said in Tuesday's ruling in Trump v. Hawaii, regarding the president's travel ban.
On Tuesday, the Supreme Court ruled in U.S. v. Microsoft, also known as Microsoft-Ireland, that the Cloud Act has rendered the case moot. The court’s per curiam opinion is below.
The Supreme Court’s sober, sterile and swift order is a victory for the Trump Administration.
Travel Ban Update: Without Addressing the Merits, the Supreme Court Stays Injunction Pending Further Proceedings
The Supreme Court’s order allows the latest iteration of the travel ban to go into effect, pending further proceedings. However, this latest stay signifies little or nothing regarding the court’s view of the merits in the challenges to EO-3.