A federal district court this week issued a nationwide preliminary injunction halting key portions of President Trump's executive orders on diversity, equity, and inclusion efforts in the government and the private sector. The court ruled that the portions likely violated
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Supreme Court Allows Special Counsel to Remain in Office, for now
The Supreme Court on Friday declined to vacate a district court temporary restraining order that required the Trump Administration to reinstate Special Counsel Hampton Dellinger. We most recently posted on the case here, with links to further background. In…
States Sue Musk and DOGE
A group of states, led by New Mexico, sued Elon Musk and DOGE last week, arguing that Musk's position violates the Appointments Clause and that DOGE is acting without statutory authority. The states moved for a temporary restraining order.…
Department of Ed Threatens to Withold Federal Funds for Schools with DEI and More
The U.S. Department of Education issued a "Dear Colleague" letter on Friday that threatens to withhold federal funds from schools that fail to comply with the Trump Administration's view of equal protection.The move is significant, because it seems to…
Update: Government Takes Special Counsel Case to Supreme Court
The Trump Administration asked the Supreme Court to intervene in the case of Special Counsel Hampton Dellinger and to vacate the district court's temporary restraining order and to stay the district court's order. The move came immediately on the heels…
Update: Appeals Court Rejects Government Appeal and Stay in Special Counsel Firing
The D.C. Circuit last night rejected the Trump Administration's appeal and motion to stay the district court's temporary restraining order, which ordered the reinstatement of Special Counsel Hampton Dellinger after the Administration tried to fire him. See our most…
District Court Reinstates Special Counsel, for now
A federal district court this week ordered the Trump Administration to reinstate Special Counsel Hampton Dellinger until the court has a chance to rule on Dellinger's motion for a preliminary injunction. The court scheduled a hearing on Dellinger's motion for…
DOJ Says it Won’t Defend Independent Agencies
The Department of Justice announced this week that it won't defend the constitutionality of tenure protections for certain multi-member "independent" agencies in the Executive Branch. In particular, DOJ said that it won't defend the statutory tenure protections of members of…
D.C. Circuit Upholds Law that Could Ban TikTok
The D.C. Circuit on Friday upheld a federal law that would ban TikTok in the United States unless its Chinese owner, ByteDance, sells the app to a non-Chinese company by January 19, 2025.The ruling set off a flurry of criticism…
Ghost Guns at the Supreme Court
The Court will hear oral arguments tomorrow, Tuesday, in Garland v. VanDerStok, the case testing whether ghost-gun kits are regulable "firearms" under the Gun Control Act of 1968. Here's my argument Preview, from the ABA Preview of United States Supreme…