AG Merrick Garland will be announcing a "civil enforcement action" at 2:30pm. Release doesn't specify what it's about, but @sgurman broke last night that legal action is imminent re: Texas's abortion ban, so stay tuned. Live stream will be here: justice.gov/live
DOJ's "civil enforcement action" presser was set for 2:30pm, live stream page updated to say 2:45pm, now says 3pm. There is a case docketed in WD-TX for United States v. Texas involving a constitutional claim, but nothing to 100% confirm it's about SB 8. So that's where we are.
DOJ wants a judge to declare SB 8 unconstitutional and block Texas and its "agents" — aka private citizens that the law deputizes to sue abortion providers and others involved in aiding abortion access — from taking action buzzfeednews.com/article/zoetil…
DOJ's lawsuit against Texas argues that the private citizens authorized to sue to enforce SB 8 become an arm of the state, and that gives the feds legal grounds to go to court and get an injunction against Texas and its "agents" buzzfeednews.com/article/zoetil…
The DOJ suit features a sweeping argument that the fed govt has an interest in protecting the rights of people to vindicate their constitutional rights, but also a more nuanced arg that SB 8 in fact interferes with federal govt functions in Texas buzzfeednews.com/article/zoetil…
The suit lists examples of federal govt functions affected by SB 8, incl:
- federal program where contractors must provide abortion services
- federal prisons where incarcerated people have a right to an abortion
- DoD facilities that perform abortions buzzfeednews.com/article/zoetil…
A few other things to note: DOJ designated its new SB 8 lawsuit as "related" to the earlier constitutional challenge filed by abortion providers. This would mean the new case is assigned to the same judge, who had rejected Texas et al.'s efforts to get the first case dismissed
DOJ quotes from Roe v. Wade about the Constitution protecting a "woman's decision" about whether to get an abortion, and then includes a footnote making clear this case covers all pregnant people who want an abortion, regardless of gender identity
• • •
Missing some Tweet in this thread? You can try to
force a refresh
A DC judge said today he’ll likely order the Trump admin's government efficiency office to preserve its records; no immediate ruling on whether DOGE is subject to FOIA buff.ly/mycbsPj
The judge told the DOJ lawyer appearing today in the DOGE FOIA case to "advise your clients" ASAP about the likelihood of a preservation order. Trump admin contends the records law doesn't apply to DOGE bloomberg.com/news/articles/…
The judge told the DOJ lawyer appearing today in the DOGE FOIA case to "advise your clients" ASAP about the likelihood of a preservation order. Trump admin contends the records law doesn't apply to DOGE bloomberg.com/news/articles/…
ICYMI: Trump announced a new policy requiring DOJ to demand in court that challengers suing the admin should have to post money bonds if they win orders blocking his actions. Several judges have already rejected such requests buff.ly/11JLZfZ
DC judge denied motion to restrict DOGE access at Treasury. NY judge's injunction remains in place for now.
DC judge said plaintiffs couldn't show irreparable harm re: personal data becoming public -- but they could come back if the situation changed assets.bwbx.io/documents/user…
Overnight: Washington state AG filed a contempt motion accusing the Trump administration of defying an injunction that blocked cutting off federal funds to institutions that provide gender-affirming care in the states that sued assets.bwbx.io/documents/user…
We've got ourselves an old fashioned Friday news dump. What's happened over the past few hours:
- SCOTUS declined, for now, to let Trump oust the head of a federal whistleblower protection agency, letting the official stay in the job until at least Wednesday. From Greg Stohr: bloomberg.com/news/articles/…
- DOJ took the unusual step of confirming that it had filed a misconduct complaint against a DC fed judge over her handling of recent hearings in litigation over Trump's effort to bar trans troops from serving in the US military. With Erik Larson: bloomberg.com/news/articles/…
A Mass. federal judge set a hearing for tomorrow on whether to immediately halt the Elon Musk-affiliated "Fork in the Road" deferred resignation offer for federal workers from the Trump admin. Prev: bloomberg.com/news/articles/…
Meanwhile, a DC federal judge is holding a hearing now on whether to intervene re: Treasury Dept. giving info to Musk's DOGE team. Prev: bloomberg.com/news/articles/…
Some more court action later in the day:
- Re: Trump's bar on transgender troops, judge isn't ruling on the motion for an immediate TRO after US basically said status quo will remain pending a fight over a longer-term prelim injunction, but judge says govt must immediately alert her + plaintiffs if that'll change
- DC federal judge set a Friday hearing to consider whether to grant a TRO blocking DOGE from getting access to Dept. of Labor systems and information. See earlier from @swillmer: bloomberg.com/news/articles/…
Interesting hearing this evening in Missouri’s lawsuit seeking to block DOJ from sending two election observers to monitor a St. Louis polling site on Election Day. No ruling from the bench (recap below)
Complaint: assets.bwbx.io/documents/user…
DOJ oppo: assets.bwbx.io/documents/user…
Missouri argues state law spells out who can enter a polling place to observe and DOJ monitors aren’t covered. DOJ says there’s a 2021 settlement with the St. Louis board of elections for ADA violations re: disability access that allows this
But Missouri AG says it appeared it was news to state officials that this agreement was in effect, and more broadly, that the board lacked authority to enter into the monitoring term in the first place. Which raises some Qs for the judge...
Hello on this stunning September morning from the DC federal courthouse, where Judge Tanya Chutkan is holding the first hearing in the Trump case since SCOTUS kicked it back to her. Trump won't be here. Waiting to see what kind of schedule Chutkan will set for the next round of fights over the future of the indictment bloomberg.com/news/articles/…
Trump's lawyers all just entered the courtroom, and also thrilled to report that courthouse security dog Legend is here and continues to be a Very Good Dog (no pics allowed I'm afraid)