+ This time as a class action, testing the recent SCOTUS decision.

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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

 

By Caitlin Tremblay

Good morning. Today, a federal judge will decide whether to block President Trump’s birthright citizenship executive order, this time as a class action. Plus, at least one U.S. official is expected to testify in court regarding the Trump administration's plan for Kilmar Abrego if he is returned to immigration custody and the 9th Circuit will hear an appeal from Uber and Instacart challenging a Seattle workers’ rights law. We’re sprinting toward Friday like these Pamplona bulls. Let’s get into it.

 

U.S. judge to weigh blocking Trump's birthright citizenship order via class action

 

REUTERS/Leah Millis

Today a federal judge in New Hampshire will consider whether to prevent the Trump administration from being able to partly enforce his executive order curtailing automatic birthright citizenship. Here’s what to know:

  • U.S. District Judge Joseph Laplante will weigh whether to grant class action status to any babies nationwide whose citizenship status would be threatened once Trump's order takes effect July 27.
  • The ACLU filed the class action hours after the U.S. Supreme Court curbed judges’ ability to issue nationwide injunctions, letting the birthright order go into effect in 30 days. Read the complaint.
  • Trump called the Supreme Court ruling a “monumental victory,” but “momentary win” might be a better description, and today’s hearing will be the biggest test of the Supreme Court’s ruling yet.
  • The New Hampshire birthright citizenship case seizes upon one of the major exceptions to the Supreme Court's ruling in Trump v. CASA that plaintiffs argue allows judges to continue to block Trump policies on a nationwide basis through class actions.
  • The ACLU is asking Laplante, who had previously issued a more narrow injunction blocking Trump's order, to go further this time to sue as a nationwide class and issue an order blocking Trump's ban from being enforced against members of the class.
  • At least one other judge has already followed this formula and other judges have used different legal tools to block Trump administration policies on a nationwide basis, including by finding that the government failed to comply with administrative law, another exception in the Supreme Court's ban injunctions. Read more about that here.
  • Read more about what to expect at today’s hearing here.
 

Coming up today

  • At least one U.S. official is set to testify in court about the Trump administration's plan for Kilmar Abrego if he is taken back into immigration custody. Abrego faces U.S. criminal charges after being returned from El Salvador, but the Trump administration has said it may deport him again.
  • A motion hearing is set before U.S. District Judge Julia Kobick in Boston in a lawsuit challenging the Trump administration’s suspension of a policy allowing transgender and nonbinary people to update the sex designations on their passports. Last month, Kobick expanded a preliminary injunction she issued in April that allowed six transgender and nonbinary individuals who challenged the policy to obtain passports consistent with their gender identities or with an "X" sex designation while the lawsuit moves forward. Read the complaint.
  • The 9th Circuit will hear arguments in an appeal by Uber and Instacart challenging a Seattle workers’ rights law that requires companies to give 14 days notice before workers are deactivated from a platform. The companies argue that the law violates the First Amendment. Read the district court order.
  • U.S. District Judge Matthew Schelp in St. Louis will hold a hearing to determine if a longer pause is warranted in 23andMe’s bankruptcy sale. On Monday, he gave California three days to make its case that the sale should remain blocked during an appeal related to the state's genetic privacy law. 

Court calendars are subject to last-minute docket changes.

 

More top news

  • Trump administration threatens Harvard's accreditation, seeks records on foreign students
  • US government sues California over egg prices
  • US agriculture agency to end consideration of race, sex in many farm programs
 

Industry insight

  • Democratic lawmakers asked Andrea Lucas, the acting chair of the EEOC, for information about the agency's role in President Trump's pressure campaign against a swath of the U.S. legal industry.
  • Attorneys representing consumers in lawsuits accusing Disney of harming competition for live-streamed paid television are quarreling with each other as the entertainment giant tries to secure a global settlement with one law firm. Read more about the fight. 
  • Moves: Former SEC counsel Michael Didiuk joined Katten as a partner in its financial markets and funds practice from Schulte Roth & Zabel … Rosemary Reilly moved to Sidley as a partner in its emerging companies and venture capital practice from WilmerHale … Morrison Foerster added restructuring partner Bryan Kotliar from Togut, Segal & Segal … Mayer Brown hired real estate partner Gabe Steffens, who was previously the global head of legal for Nuveen Real Estate.
 

In the courts

  • The U.S. Supreme Court kept in place a judicial block on a Florida law that makes it a crime for immigrants in the U.S. illegally to enter the state. Read more here.
  • The DOJ sued California over state policies allowing transgender athletes to compete in girls' school sports, alleging that their participation violates federal anti-discrimination laws.