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Margot Cleveland Profile picture
@ProfMJCleveland
Apr 4 • 7 tweets • 3 min read • Read on X
THREAD: SCOTUS decision today "should" cause stays of multiple injunctions ordering Trump Administration to keep funding grants. Same reasoning "should" also cause stays of multiple injunctions regarding employee firings. Cases impacted...1/
2/ American Association of Colleges v. Linda McMahon, lower court required Dep't of Ed. to reinstate various education grants. Dept' of Ed. JUST filed reply in support of stay before 4th Cir. Will soon file "supplemental authority." 4th Cir. should grant stay. ecf.ca4.uscourts.gov/n/beam/servlet…
3/ In New York v. Trump, lower court entered injunction barring freezing, termination, etc. of federal grants. 1st Cir. denied a stay. Today D.Ct. held Trump Ad. had violated injunction & ordered to pay grants. Trump likely to seek stay of that order in lower court & stay of it & injunction in 1st Cir. on reconsideration. storage.courtlistener.com/recap/gov.usco…
4/ In State of Wash. v. Trump, injunction required Trump Administration to pay grants to hospitals & researchers and lower court denied stay request. Trump appealed but hasn't yet sought stay--likely will soon & based on SCOTUS decision should be stayed. NOTE: Except if related to medicare/medicaid funding courtlistener.com/docket/6978551…
5/ In both AIDSVaccine & Global Health (that was case where ordered to pay $2 billion in 36 hours), appeal of preliminary injunction was filed on 4/2 and motion to stay not yet filed in either district court or Circuit Court. Both orders to reinstate grants should be stayed.
6/6 Handful more cases involving grants pending in district courts. SCOTUS decision should prompt either denial of injunction or stay by district court or court of appeals. Still need to scan those cases to see what's percolating.
7/ I totally forgot I had already highlighted the cases in this "bucket" here: thefederalist.com/2025/03/13/her…

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More from @ProfMJCleveland

Margot Cleveland Profile picture
Apr 4
🚨🚨🚨SCOTUS grants stay in case with injunction ordering payment of grants. Reasoning suggests all other cases brought under ADA seeking payment of grants will be stay. I'd wager Roberts might even join if it is a Preliminary Injunction and not a TRO. 1/
2/ Here's order: supremecourt.gov/opinions/24pdf…
3/ SCOTUS still needs to decide whether APA allows suits for firing of probationary workers.
Read 6 tweets
Margot Cleveland Profile picture
Apr 3
🚨By happenstance I came across new lawsuit yesterday while trying to find case filed in federal court in Boston seeking to toss contempt of INS agent who arrested someone in middle of trial. (Anyone have that petition/complaint?). Anyway, what I found was habeas by alien. 1/ Image
2/ What is important about this case is it reveals a new strategy by aliens to avoid Trump's enforcement of immigration law. Alien being held filed a petition for habeas in Court and Court enters order prohibiting alien's transfer until he figures out if he has jurisdiction.
3/ Thing is you can't file habeas until you have exhausted your immigration procedures (Alien Enemies Act has no procedures so you can). So basically, this is causing delay and costing resources to handle basic removal proceedings.
Read 5 tweets
Margot Cleveland Profile picture
Apr 3
🚨Hearing on Show Cause ended. Below was play-by-play. My thoughts follow. Judge is going to find government in contempt and continue this farce. In this hearing Judge came off as the most biased and unkeeled he has yet. Two examples: 1/
2/ While the hearing was on whether Trump Administration violates his orders, Judge wanted to frame rushing to avoid order being entered as problem for him. It's not: Judge can't hold someone in contempt b/c they went to great lengths to avoid being in contempt by rushing things.
3/ Relatedly Judge wanted to stress that point by saying "rush" caused a mistake of someone on plane who shouldn't have been. BUT as DOJ pointed out, he was on third plane where removals were under other removal procedures & it had nothing to do with Alien Enemies Act.
Read 9 tweets
Margot Cleveland Profile picture
Apr 3
🚨"Show Cause" hearing in Alien Enemies Act case on question of whether Trump Administration violated Court's order set to start in 15 minutes. I'll try to cover live here. 1/ Image
2/ Here's your pre-read which explains Trump Administration's arguments and my predictions.
3/ Judge: Looking further into parties compliance with TROs. Judge asks DOJ to start.
Given public attention wants to reiterate "effect" of TRO, you agree did not release any tDa member to be released or from apprehending or deporting per regular measure and some even deported on that basis.
My TRO only said couldn't deport by Proclamation.
If anyone in administration makes statements they wouldn't be true.
Me: Judge isn't doing himself any favors.
Judge: Claims government is bad faith and didn't comply.
Read 13 tweets
Margot Cleveland Profile picture
Apr 3
🚨Yesterday Trump Administration filed reply in SCOTUS in Alien Enemies Act case. This paragraph sums up point I've been stressing: Judge Boasberg so wanted to stop removal that he bypassed question of whether he had jurisdiction. 1/ Image
Image
2/ There are many difficult legal questions with no precedent re the Alien Enemies Act, but you can't ignore jurisdiction because you really, really, really want to stop something you believe is bad...either at start of case or mid-flight!
3/ Congress also has political question to answer: Does it want to amend the Alien Enemies Act to require process beyond habeas? To limit President's authority? To define undefined terms?
Read 7 tweets
Margot Cleveland Profile picture
Apr 3
In looking for another case, I came across two cases docketed today re immigration issues where filings aren't available: This one seeks release from INS Detection and this seeks an adjudication on a visa issue. 1/ Image
Image
2/ I'm interested in these cases because (other than the Alien Enemies Act) there is a very clear procedure for how to challenge immigration issues and it isn't in the district court. Rather, aliens must proceed through the administrative process, ALJ (Administrative Law Judge)
3/ Then to appeal before the BIA (Board of Immigration Appeal) and after that they can challenge to a federal circuit court. They cannot bring habeas or other challenges in a district court: Congress purposefully removed jurisdiction from district court to avoid flooding court
Read 4 tweets

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