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Good morning. Today we have a look at what could be next in the legal challenges to President Trump's birthright citizenship order. Plus, the 3rd Circuit will hear arguments in cases about New Jersey's assault weapons ban and Pennsylvania's mail-in voting law; the jury in the Diddy trial is deliberating; and we have a recap of Monday's SCOTUS orders. It's Canada Day, which is home to the oldest rocks on earth. Let's dive in. |
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Two federal judges held hearings on Monday in renewed challenges to President Trump's birthright citizenship executive order. Here's what to know: |
- Friday's Supreme Court ruling did not address the merits of Trump's executive order restricting birthright citizenship but instead curbed the ability of judges to impede policies with nationwide injunctions, leaving open the potential for individual plaintiffs to seek relief beyond themselves through class action lawsuits.
- And some have taken that path. On Friday, plaintiffs filed an amended lawsuit in federal court in Maryland seeking to establish a nationwide class of people whose children could be denied citizenship if the order is allowed to take effect on July 27. Read the complaint. A similar complaint was filed in New Hampshire. Read that complaint here.
- During separate hearings on Monday, U.S. District Judges Deborah Boardman in Greenbelt, Maryland, and Joseph LaPlante in Concord, New Hampshire, set expedited schedules to decide whether it can be blocked on grounds that the Supreme Court's ruling restricting nationwide injunctions did not preclude. Read more about that here.
- Both judges asked DOJ lawyer Brad Rosenberg for assurances that the Trump administration would not move to deport children born to non-citizens at least until the executive order takes effect. Rosenberg said it would not, which Boardman asked him to confirm in writing by today and LaPlante by Wednesday.
- Legal experts said they expect a lot of legal maneuvering in lower courts in the weeks ahead, and the challengers still face an uphill battle. Compared to injunctions in individual cases, class actions are often harder to successfully mount. Read more about that and other legal hurdles here.
- Meanwhile, the 30-day clock is ticking. If the challengers are unsuccessful going forward, Trump's order could apply in some parts of the country, but not others.
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- The 3rd Circuit will hear arguments over whether New Jersey's ban on assault rifles and large-capacity magazines violates the Second Amendment. Last year U.S. District Judge Peter Sheridan ruled that the state's ban on the rifles was unconstitutional but that its cap on magazines over 10 rounds was legal, citing a 2022 U.S. Supreme Court decision that expanded gun rights.
- The 3rd Circuit will also hear arguments in a case involving Pennsylvania's mail-in voting law, specifically the constitutionality of a requirement that ballots be discarded over incorrect envelope dates on mail ballots.
- Arizona State University professor Andrew Porwancher will ask U.S. District Judge Carl Nichols in D.C. to issue a preliminary injunction stopping the National Endowment for the Humanities from canceling a grant he was awarded under the Biden administration. In April, the Trump administration canceled nearly 1,500 NEH grants. Read the complaint here.
- U.S. District Judge Rebecca Smith in Norfolk will hold a motion hearing in a case brought by the Nansemond Indian Nation accusing Virginia of withholding Medicaid reimbursements and discriminating against the tribe's healthcare clinic. Read the complaint.
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Court calendars are subject to last-minute docket changes. |
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The U.S. Supreme Court on Monday threw out judicial decisions that favored transgender people in cases from North Carolina, West Virginia, Idaho and Oklahoma. Read more here. Looking ahead to next term, the U.S. Supreme Court issued other orders on Monday. Here's what to know: |
- The court will hear a Republican-led challenge on free speech grounds to a provision of federal campaign finance law that limits spending by political parties in coordination with candidates running for office in a case involving Vice President JD Vance … The justices will also decide a copyright dispute between Cox Communications and a group of music labels following a judicial decision that threw out a $1 billion jury verdict against the internet service provider over alleged piracy of music by Cox customers … And the court agreed to hear Enbridge's bid to change the venue of Michigan's lawsuit seeking to force it to stop operating a pipeline over environmental concerns.
- The justices declined to hear a case involving a Massachusetts public school teacher who sued on free speech grounds after her school fired her in what she called retaliation for social media posts made prior to her employment … The court also rejected a request by American Airlines to overturn a judicial decision that found that the company's now-scrapped U.S. Northeast partnership with JetBlue Airways violated federal antitrust law … And the court won't consider Exxon's bid to overturn a $14.25 million civil penalty that a judge imposed in a long-running lawsuit over air pollution at its Baytown, Texas, crude oil refinery.
- Also on Monday, the court asked the Trump administration for its views on Bayer's bid to sharply limit lawsuits claiming that the company's Roundup weedkiller causes cancer and potentially avert billions of dollars in damages. Read more.
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Skadden's Ki Hong, Charles Ricciardelli and Karina Bakhshi-Azar look at how to navigate the maze of conflict of interest laws for corporate employees taking government roles. Read today's Attorney Analysis. |
Additional writing by Shruthi Krishnamurthy. |
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