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5th Circuit judges were divided over whether they can second-guess President Trump's use of a seldom-invoked 18th century law to deport alleged members of Venezuelan gang Tren de Aragua without court hearings and other safeguards. Here's what to know: |
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- The full 5th Circuit heard arguments on whether courts can review Trump's use of the 1798 Alien Enemies Act to deport alleged members of the Venezuelan gang Tren de Aragua without hearings.
- A prior three-judge panel blocked the deportations, rejecting the administration's claim that the gang carried out a "predatory incursion" tied to Venezuela's government; the full court is now reconsidering that ruling.
- DOJ lawyers argued the law places presidential proclamations beyond judicial review, prompting judges to probe theoretical limits on executive power. Civil liberties advocates countered that existing immigration laws allow deportation of dangerous individuals, making reliance on the Alien Enemies Act unnecessary and unlawful.
- The U.S. Supreme Court ruled in April in a lawsuit filed in D.C., that challenges to removal under the law must be brought in the federal judicial districts where detainees are being held. The court said it was not resolving the validity of the administration's reliance on that law to carry out the deportations.
- Read more about the 5th Circuit arguments here.
| - Government: U.S. District Judge Vernon Broderick in Manhattan will weigh issuing a preliminary injunction blocking the Trump administration from freezing access by five Democratic-led states to more than $10 billion of federal funds for childcare and family assistance based on what it said were concerns about fraud. There was already a TRO issued in the case.
- Education: The Idaho Supreme Court will take up a challenge to the state's school-choice program, which offers tax credits of up to $7,500 for students enrolled in non-public schools.
- Criminal: Luigi Mangione, the man accused of gunning down a health insurance executive outside a hotel in Manhattan, is due in New York federal court for an evidentiary hearing over whether police who arrested him legally searched his backpack.
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Court calendars are subject to last-minute docket changes. |
We're changing things up! Beginning Monday The Daily Docket and The Afternoon Docket will become one newsletter. The DD will continue to go out every morning and the AD will go out on Thursday afternoons. If you have any feedback on the changes feel free to email me. |
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- Northwestern University's law school defeated a lawsuit by conservative group Faculty, Alumni, and Students Opposed to Racial Preferences that accused the school of discriminating against white men in faculty hiring. Find out more.
- After decades of suing major corporations over alleged human rights violations overseas, D.C.-based lawyer Terry Collingsworth is facing a $256 million judgment in a case brought by one of his oldest adversaries. Read more in this week's Billable Hours.
- Moves: Former assistant chief of the defense, industrials and aerospace section of the DOJ's antitrust division, Veronica Onyema, joined Perkins Coie … Morrison Foerster added Paul Lin as an M&A partner and Hyongsoon Kim as a complex litigation partner from Akin … Jeff Nardinelli left Quinn Emanuel for Simpson Thacher's IP practice … DLA Piper added finance partner Cary Nadelman from Chapman and Cutler … Litigator Chelsea Hilliard left McGuireWoods for Dorsey … Capital markets partner Holt Goddard joined Loeb & Loeb from Seward & Kissel … Securities regulation partner Alexander Cohen moved to Armstrong Teasdale from Cozen O'Connor … Ilana Bley moved to ArentFox Schiff's private clients, trusts and estates practice from Gould Ratner.
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That's how much extra cash the U.S. Supreme Court would receive to bolster security for the justices under a Department of Homeland Security funding bill passed by the U.S. House of Representatives on Thursday. Read more here. |
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"President Trump was charged because the evidence established that he willfully broke the very laws that he took an oath to uphold."
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—Former U.S. Special Counsel Jack Smith during a hearing on Thursday before the U.S. House Judiciary Committee. Smith fielded questions about his two criminal cases against President Trump, which he dropped after Trump won the 2024 presidential election. Read more about the hearing here. |
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From federal rescheduling to hemp crackdowns, Carter Ledyard & Milburn's Alexander Malyshev and Sarah Ganley look at how cannabis arrived at a legal inflection point. Read today's Attorney Analysis. |
Additional writing by Namrata Arora. |
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