Can President Trump detain illegal immigrants without bond that are already in the country? The Fifth and Eighth Circuits say yes. The Second Circuit says no. The Seventh Circuit split 1-1-1. Today, the Eleventh Circuit joins the Second. Judge Lagoa dissents; Judge Marcus writes.
Read the full decision here: media.ca11.uscourts.gov/opinions/pub/f…

Professor Vladeck does not like today's decision finding President Biden's half-baked rules to allow dispensing abortion pills by mail was illegal. Let's take a look, as he's a thought leader on the legal left. First, he's upset that it will require in-person doctor visits
Next, he takes issue with the claims of danger. (Not rebutting any of the data actually in the opinion.) He objects to sovereign harms for standing. (But does not rebut the longstanding existence of same.) And he doesn't at all engage with the question of financial harm. Oh well!

Holy pro-life guacamole. Enormous win for @AGLizMurrill against President Biden's attempts to remove almost all safety regulations from abortion pills. That means that nationwide, the old rules must snapback while the appeal was pending. Judge Duncan for a unanimous court.
This stay was briefed by General Murrill's SG team, led by SG Ben Aguinaga. (Good winning week for that crew, between this and Callais.) Notably, Judge Duncan is joined by Judges Southwick and Engelhardt. Both are moderate.
Read the full opinion here: storage.courtlistener.com/recap/gov.usco…

Should an organization that believes President Biden can amend the Constitution via Tweet have a monopoly on over seeing law schools? What about if the organization is partisan and also raises law school costs? U.S. Attorney @BradenBoucek & @FTC team up to say No! "The ABA requirement meets Tennessee’s definition of a monopoly. It uses its cartel-like status to operate to the detriment of consumers and competitors...Discrimination based on race is illegal and wrong and may violate federal law." 🔥🔥

I was certain that the redistricting Louisiana v. Callais case would come out in June. I was wrong. As penance, I am going to do a full thread on the opinion. Key takeaway: Republican States can remove race discrimination in their state maps. An Original meaning Section 2 lives. First, look at the holding and the line up. The Holding explains that the Voting Rights Act did not require Louisiana to make a new majority-minority district. Using race failed to satisfy strict scrutiny. This is a classic 6-3 Republican appointees vs. Democrat appointee lineup

Justice Jackson gave a speech on April 13 highly critical of both President Trump and the Supreme Court. Some of her remarks relate to ongoing cases. For example, she is highly critical of President Trump ending Temporary Protected Status. That case will be argued this month. While later in the speech she explains that she prefers the phrase "emergency docket", she uses @WilliamBaude's "Shadow Docket" in her introduction to her speech criticizing the Court and the President. She's speaking at @YaleLawSch, a top-3 law school (tied with @UChicagoLaw)

🔥🔥"As is crystal clear to anyone willing to look, this meritless appeal was about one thing: more time in the United States. And the case’s tortured history confirms that our court delivered...more time." So concludes Judge VanDyke, joined by Judge Tung, concurring.
"A rational observer might wonder how an alien—who conceded his removability in 2015 and whose application for immigration relief was ruled meritless in 2015 and then again in 2016—could possibly still be in the United States pursuing a meritless claim...a full decade later." 👀

*HUGE* Win for victims of terrorism today. 11 Years after entry of judgment, the $655m verdict against the Palestinian Liberation Organization may be enforced. The case is a procedural mess but serves as an example of Congressional action leading to results. Time to collect!

Read the full opinion here: ww3.ca2.uscourts.gov/decisions/isys…

Can President Trump end *Temporary* Protected Status for Somalians on March 17? No says Judge Burroughs (Obama, D. Mass). Why? Ending TPS would be a big deal with big implications. No discussion of the preliminary injunction or stay factors. Just a presumption against regularity.
Equally irregular, in my opinion, is the lack of citation to either of the *Two* U.S. Supreme Court cases allowing TPS for other countries to end. One would think those Supreme Court stays allowing action would counsel against an administrative stay here.

"This is a case about swinging dicks. The Christian owners of Olympus Spa—a traditional Korean, women-only, nude spa—understandably don’t want them in their spa." Judge VanDyke's thermonuclear dissental. The panel raised eyebrows for mandating a women's spa serve a male patron
Judge Murguia (joined by many Judges, including Trump-appointed Miller) and Judge Owens (joined by Trump-appointed Forrest) call out Judge VanDyke's dissent--too harsh. I've never seen opinions like this. Straight out of Mean Girls. On Wednesdays they write (nice) pink opinions?

Do State and Federal judges have an obligation to try to follow Supreme Court emergency orders in good faith? 175 judges say no, endorsing the ongoing resistance by district courts to orders the Supreme Court has *already said* are binding. Odd to join such a partisan brief! These 175 judges apparently believe the only binding part of a judicial opinion is its reasoning, not its ultimate judgment. I do not think that is the best read of longstanding case law--much less the Supreme Court's recent admonition in Boyle.

*HUGE* Win for President Trump in the challenge to Chicago's law enforcement surge. This is a stunning rebuke of the district court, explaining that the order is necessary to stop futute courts from following. The district judge is chastened by the appeals judges for overstepping
Equally important is another court has joined in to explain the problems with district court judges entering so-called "putative" class actions. The Seventh Circuit recognizes the problems and orders courts to stop, under the Trump v. CASA decision.

*BIG* Immigration win for President Trump. Ninth Circuit holds that President Trump's executive order regarding refugees is lawful. Judge Bybee writes that it is and vacates most of the preliminary injunction. One year in, President Trump is able to run the executive branch

How big is this win? "We recognize the enormous practical implications of this decision. There are over one hundred thousand vetted and conditionally approved refugees...But such a result is one potential consequence of Congress’s sweeping grant of power to the President...”

Can Seattle ban apps like @Uber and @Instacart from deactivating gig workers' accounts? Judge Clifton says yes, the ordinance is neither unconstitutionally vague nor violates the First Amendment. Judge Bennett dissents and would instead remand on commercial speech
Judge Bennett is concerned that the district court erred in failing to consider the First Amendment/commercial speech issue at the outset. And that initial failure, Judge Bennett dissents, infected the rest of the analysis. He would ask the district court to reassess.

🔥🔥"First, Judge Jones’s important dissent details the troubling series of actions by the district court. I join her call to arms on the need for appellate courts to police insubordination in the district courts." Judge Ho dissental calling out district court shenanigans
"I...forcefully rebuke the district court’s gamesmanship that avoided the requirements of federal law. For two years, the state of Louisiana has been held hostage to serial...injunctive decrees, but it has been unable to obtain appellate review." Judge Jones, dissental

Chief Judge Diaz (4th Circuit, Obama) just issued a judicial misconduct complaint resolving allegations against (allegedly) Judge Griggsby (D. Maryland, Biden). Some of the conduct is eye-popping. Including the threat to never *again* hire a so-called "diversity candidate[]"
According to the specific allegations, the judge "browbeat[]" her clerks and yelled at another clerk for using a bathroom. Apparently *two* clerks resigned. That is almost unheard of.

🔥HOT OFF THE PRESSES! Federal Second Circuit Judge Menashi writes: "[T]he government presented credible legal authorities to support its view that the qualifying language of the Citizenship Clause—'subject to the jurisdiction thereof'—reflects...

https://twitter.com/ilan_wurman/status/2021578545714360742

requirements of parental allegiance and legal domicile in the United States and thereby excludes the children of illegal aliens and temporary visitors from automatic entitlement to citizenship by birth without the need for naturalization." In a symposium in @HarvardJLPP

🚨🚨ENORMOUS Immigration win for President Trump. The Fifth Circuit, the first federal court to address President Trump's expedited removal efforts, sides with the administration. Illegal aliens may be detained and removed! Judge Jones, joined by Duncan. Judge Douglas dissents.

Read the full opinion, argued *yesterday* here:

This will help slow down or stop the attempt by immigration lawyers and activists to clog the courts.ca5.uscourts.gov/opinions/pub/2…

Big win for President Trump in the normally hostile Fourth Circuit. Can district courts enjoin President Trump's efforts to stop paying environmental and agricultural grants? Unanimously "No." Judge Rushing (Trump) wrote for a panel including Biden-appointed Judge Heytens!
Read the full opinion here: storage.courtlistener.com/recap/gov.usco…

Can President Trump deploy the National Guard in DC? Unanimous opinion by Judge Miller (Obama) joined by Judges Katsas and Rao (Trump) says "Yes." Huge win for the President. Judge Rao writes separately to question whether DC can sue at all. She thinks probably not.

Read the full opinion and concurrence here: storage.courtlistener.com/recap/gov.usco…

Everyone agrees that a child born to US citizens in the United States is an American citizen. A child born to Canadian parents in Canada is not. But determining what the Constitution mandates regarding Birthright Citizenship is a tough question. 24 States weighed in on the limits (Everything on this thread is pulled from the excellent brief filed by @AGTennessee and @AGIowa , and which I had the privilege of working on. So if there's some kind of implicit bias in explaining one's own brief, consider it disclosed!) ((Quotes adjusted for character limit))