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The Latest Breaking News from Executive Branch

From "Deference" to "Respect"—The Real Import of Loper Bright

The decision to overturn Chevron removes an agency trump card, but does not instruct courts to ignore agency opinions--and they won't.

Reason

Court Agrees to Hear Missouri v. Biden Federal Government / Social Media Case

From today's order and accompanying opinion in Murthy v. Missouri: The application for stay … is granted. The preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana … as modified by the United States Court of Appeals for the Fifth…

Reason

What Does U.S. v. Texas Tell Us About The DACA Litigation?

Is this a ticket good for one ride?

Reason

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Supreme Court Rules Red States Lack Standing to Challenge Biden Immigration Enforcement Guidelines

The 8-1 decision is a major win for Biden and executive enforcement discretion. I think the Court got the right result, but for the wrong reasons.

Reason

New In Lawfare: "Why the Manhattan DA's Trump Case Cannot Be Removed to Federal Court"

Seth Barrett Tillman and I discuss whether the President is an "Officer of the United States" for purposes of the federal officer removal statute.

Reason

Do Court-Appointed Prosecutors Violate The Separation of Powers?

Justices Gorsuch and Kavanaugh argue they do, in defense of--checks notes--Steven Donziger.

Reason

State of the Union: How progressives responded to the soft launch of Biden’s 2024 run

Speech was Biden’s opportunity to soft launch 2024 campaign

The Independent UK

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Jan. 6 judge faults Trump's instructions

Yet another judge placed the blame for the Jan. 6 attack on the former president

Salon

Justice Department asks appeals court to toss Trump special master order

‘Most fundamentally, the district court erred in exercising equitable jurisdiction to entertain [Mr Trump’s] action in the first place’

The Independent UK

DOJ "pulverizes" Trump's SCOTUS appeal

The filing "feels like a veteran kindergarten teacher calmly correcting a naughty kid," legal analyst says

Salon

Too late to hit brakes on NASCAR, but Reilly moves to curb future special events

Among other things, the ordinance would require a City Council order for any athletic event or special event that allows the closure of a state route, an arterial street or more than four blocks of any other public way.

Chicago Sun-Times

DOJ "decimates" Trump lawyers' brief

A 12-page motion from the Department of Justice cites Trump's damages to national security

Salon

Does Anyone Have Standing to Bring a Lawsuit Against Biden's Student Loan Debt Cancellation Policy?

The likely answer is "yes." There are three types of potential litigants who probably qualify.

Reason

Trump lawyer never claimed ex-president declassified documents in correspondence with Biden administration

Documents seized from Trump’s home included materials at ‘the highest levels of classification’

The Independent UK

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Reason

House Committee Can Get Trump Tax Returns

"The 2021 Request seeks information that may inform the United States House of Representatives Committee on Ways and Means as to the efficacy of the Presidential Audit Program, and therefore, was made in furtherance of a subject upon which legislation could be had."

WEKU

A federal judge in Texas blocks a major DHS policy limiting immigration enforcement

Federal Judge Drew Tipton blocked a Biden administration policy that limits who immigration authorities can arrest and deport. Critics say that's preventing ICE agents from enforcing the law.

People

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