We haven't discussed the litigation about temporary protected status before, but I want to highlight SG Sauer's application from last night. The issue is important on its own, but this is another glaring example of lower court defiance. And @TheJusticeDept is getting fed up. 1/ First, what is temporary protected status? Basically a temporary immigration waiver for people from a dangerous place. The DHS Secretary can grant temporary immigration amnesty to people from, eg, a war torn country while the war is ongoing. 2/

Have now had a chance to review @TheJusticeDept's emergency filing in this important case at the crossroads of USAID, wasteful foreign spending, and the vital issue of impoundment. The filing is very well done and @TheJusticeDept should win, as we will see. 1/

https://twitter.com/BurnhamDC/status/1965075631223549994

First lets set the stage. This is a suit from various entities that received money from USAID in the past who now want a district court injunction that forces USAID to spend every penny appropriated to it by Congress. 2/

As others have noted, @AGPamBondi, SG Sauer, and @TheJusticeDept sought certiorari today in the Supreme Court on tariffs and seek a quick argument and resolution. Want to quickly flag a few of their arguments. 1/ First, they emphasize the gravity of trying to unscramble the tariff egg at this point. Enjoining the tariffs would upend a complex, global framework of intricate trade agreements with untold potential consequences. 2/

Some lower court judges seems determined to burn down the village in order to save it, seemingly oblivious that destroying vertical stare decisis will destroy the judiciary generally. Lets review the latest missive in lower court judges' war on the Supreme Court. 1/

https://twitter.com/lawrencehurley/status/1963559931438584244

First, the basics. The Constitution creates only one court--the Supreme Court. It authorizes Congress to create "inferior courts," but does not mandate them. And the judicial power of these subordinate courts is entirely subordinate to the Supreme Court's. 2/

BREAKING: @AGPamBondi and SG John Sauer have filed an emergency application in the Supreme Court regarding their huge win in the USAID impoundment case, which we discussed previously.  This is a big deal, as I'll explain. 1/ First a point of privilege.  Having lived this case in the early days of @DOGE---with then-Acting SG Sarah Harris and many others---I really appreciate how the SG's Office frames the issue. 2/

Some more thoughts from me on this decision in CNN, focused on Justice Gorsuch's separate writing. I also want to respond to a point @steve_vladeck makes in the article. 1/

https://twitter.com/BurnhamDC/status/1958653792427418087

Vladeck claims it is unreasonable to expect district judges to follow the Supreme Court's emergency orders because those orders are sometimes issued without supporting analysis or with little supporting analysis. I totally disagree. 2/

Another win for @TheJusticeDept before the Supreme Court--this time on whether district courts can enjoin the termination of grants that conflict with the Administration's anti-DEI policies. Lots of interesting opinions, worth a brief discussion. 1/

https://twitter.com/joshgerstein/status/1958631914837090738

First, the ruling is correct and consistent with previous orders the Court has issued on the emergency docket. As we've discussed before, people who claim the government owes them money have to go to a special court to sue for money. They can't get TROs or injunctions. 2/

Lets talk (again) about two tiers of justice.  On Friday a judge enjoined the @FTC from investigating Media Matters, finding the investigation likely violates the First Amendment.  This isn't just immunity from prosecution; it's immunity from *investigation.*  Unpacked below. 1/ This case arises from the notorious advertiser boycott of online platforms.  It's easy to forget, but not long ago many companies refused to advertise on platforms--in particular, @X--unless those platforms suppressed, eg, conservative speech or true information about Covid.  2/

The D.C. Circuit released a significant opinion today in one of the earliest major @DOGE cases--the litigation over the reduction of USAID. It's another big legal win for @realDonaldTrump and @DOGE. It also has broader implications, as I'll explain. 1/ To recap, there were two major challenges to the winddown of USAID--one regarding terminated employees, the other regarding terminated grants and contracts. Both have now resolved largely in the Administration's favor. 2/

Another emergency filing in the Supreme Court last night by @TheJusticeDept, this time because a district court has commandeered immigration enforcement in Los Angeles. There are multiple serious issues here, and emergency relief seems proper. 1/ To set the stage: ICE Agents need "reasonable suspicion" that a person is here illegally before they can stop the person for immigration-enforcement purposes. That is a low bar. Basically is it reasonable under the circumstances to suspect someone is an illegal alien? 2/

On the heels of DC attempting to disbar @JeffClarkUS, a dark money group has escalated further--filing bar complaints against little-known lawyers who defend the Administration in court. This is a frontal assault on the Executive Branch. It must be defeated at all costs. 1/ Lets set the stage. First, the subjects of the complaints are the political appointee who has my old job--Deputy Assistant AG for Federal Programs, in @TheJusticeDept parlance--and two career lawyers. These are not high profile people accustomed to harassment. 2/

The district judges in New Jersey are thinking about replacing @realdonaldtrump’s chosen US Attorney—@USAttyHabba—with someone the judges choose under a statute purporting to give them that power. But if the judges attempt that move, it should fail. Here’s why. 1/

https://twitter.com/wildstein/status/1947022459560988906

First the basics. Article II vests all executive power in the President. That includes the prosecution power of U.S. Attorneys. For @POTUS to properly exercise that power, he must be able to freely hire and fire all subordinates who wield it. 2/

The @WSJopinion has an editorial today arguing three basic things: (1) Emil Bove is a poor judicial nominee, (2) his nomination will stop other judges from retiring, (3) other Trump nominees are better and will induce more retirements. I broadly disagree. 1/ First, as I have written elsewhere, Emil Bove is a strong nominee right down the fairway of @realdonaldtrump’s long track record of excellent appointments. He has strong credentials and is a senior official @TheJusticeDept in the Administration. Straightforward pick. 2/

This is an important and creative suit by @USDOJ asserting @realdonaldtrump's constitutional authority over the Executive Branch. Here's why. 1/

https://twitter.com/kyledcheney/status/1945241690962292823

The President removed the Board Members of the Corporation for Public Broadcasting—the infamous funding vehicle for @NPR and @PBS.  These Board Members—as other terminated federal officials have done—sued the President to hold onto their offices.  But importantly, they lost..  2/