A newsletter by Reuters and Westlaw |
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A three-judge panel granted the DOJ’s request to put on hold U.S. District Judge Karin Immergut’s order that had blocked the deployment while a legal challenge to Trump's action plays out.
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Read the 9th Circuit opinion here.
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The panel consisted of two judges appointed by Trump in his first term as president and one appointed former President Clinton. The two Trump appointees, Bridget Bade and Ryan Nelson, ruled in favor of the president, while Clinton appointee Susan Graber dissented.
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Bade, writing for the majority, said that sending in the National Guard was a proper response to protesters who had damaged a federal building and threatened ICE officers. Nelson wrote a separate opinion saying that courts have no ability to even review the president's decision to send troops.
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Graber, in a dissent, said that the ruling was "absurd" and dangerous, allowing troops to be called in response to "merely inconvenient" protests rather than a true emergency. She said the full 9th Circuit should overturn the ruling before Trump has a chance to send troops.
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Appeals courts have split over the issue so far, with the 9th Circuit previously backing Trump's use of troops in California and the 7th Circuit ruling that troops should stay out of Chicago for now.
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The 2nd Circuit will hear an appeal from Keith Raniere, the founder of the cult-like group NXIVM where women were kept on starvation diets, branded with his initials, and ordered to have sex with him. Raniere was sentenced to 120 years in prison following his conviction for sex trafficking and other crimes. That conviction was upheld by the court and Raniere is now alleging FBI misconduct in a separate appeal.
- The 3rd Circuit will hear arguments in the Trump administration's appeal of a lower court's order releasing Columbia student and pro-Palestinian protester Mahmoud Khalil from immigration detention.
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The 4th Circuit will hear arguments in a lawsuit against several gun manufacturers brought by a survivor of the 2022 shooting at the Edmund Burke School. The lawsuit alleges that the companies’ marketing practices helped lead to the shooting.
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Apple will urge the 9th Circuit to strike down a federal judge's order that said the company must open its App Store to more competition, allowing all developers — including Fortnite maker Epic Games — more freedom to steer consumers to alternative payment options outside of an app. Apple's appeal also challenges the judge’s finding that Apple was in contempt for violating a prior injunction in the same case.
- Retired U.S. Supreme Court Justice Anthony Kennedy is scheduled to speak about his new book “Life, Law & Liberty: A Memoir” at an Aspen Institute event in D.C.
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Court calendars are subject to last-minute docket changes. |
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"The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government."
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—The legal team of former FBI Director James Comey wrote in one of two filings, which said the case against their client should be dismissed on the basis of it being a vindictive and selective prosecution. Comey has pleaded not guilty to charges of making false statements and obstructing a congressional investigation. Read more here.
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