Overview
- Between May and July, district courts ruled against the administration about 94.3% of the time, while the Supreme Court sided with it roughly 93.7% of the time, largely through emergency orders, The Hill reports.
- In D.V.D. v. DHS, the Court issued an unsigned midnight order that erased a Massachusetts judge’s narrow requirement for advance written notice before deportations, offering no explanation.
- Justice Neil Gorsuch recently warned lower courts they are never free to defy Supreme Court rulings, while Justice Brett Kavanaugh acknowledged the Court’s reasoning is not always clear.
- Lower-court judges cite heightened political attacks as the administration and allies denounce jurists, and a Justice Department suit targeting the entire Maryland district bench over a brief deportation pause was filed and later dismissed.
- Several high-profile disputes on tariffs under emergency powers, National Guard use and Posse Comitatus, deportations under the Alien Enemies Act, and the Harvard funding fight are advancing and could reach the Supreme Court this term, according to The Hill.