+ 5th Circuit to weigh deportation procedures under the wartime law.

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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

 

By Caitlin Tremblay

Good morning. The 5th Circuit will weigh procedures for deporting Venezuelans under the Alien Enemies Act. Plus, two federal judges will hear requests by immigration rights advocates pursuing class action lawsuits for rulings that would once again block the implementation of President Trump's birthright citizenship executive order; and a jury is expected to begin deliberating in the Diddy trial. Here are some odd photos to brighten up your Monday. Let’s get into it.

 

5th Circuit to weigh procedures for deportations under wartime law

 

REUTERS/Gaby Oraa

The 5th Circuit will hear arguments today on the proper procedures the Trump administration must follow to deport alleged members of the Venezuelan street gang Tren de Aragua under the 1798 Alien Enemies Act. Here's what to know:

  • ACLU lawyers, representing the migrants, asked the U.S. Supreme Court to intervene on April 18, citing imminent deportations without required notice or a chance to contest the removals. Read more.
  • On April 19, the court temporarily blocked the administration's deportation of dozens of migrants held at a Texas detention center. Read more.
  • In May, the justices, in a brief, unsigned opinion, upheld the ACLU's request, maintaining the block on migrant removals under the Alien Enemies Act and faulting the Trump administration for seeking to remove them without adequate legal process. Read more about that here.
  • Read more about the Alien Enemies Act here.
  • Conservative Justices Samuel Alito and Clarence Thomas dissented from the decision. Alito argued the Supreme Court lacked authority to intervene at this stage and questioned the legality of granting relief to detainees as a group.
  • The justices directed the 5th Circuit to determine the procedures that must be accorded to the migrants "to satisfy the Constitution in this case." It’s these procedures that the 5th Circuit will consider today.
  • Arguments are scheduled for 2 p.m. local time in New Orleans.
 

Coming up today

  • The U.S. Supreme Court will issue an order list at 9:30 a.m. ET.
  • Two federal judges in Maryland and New Hampshire are slated to hold virtual hearings related to requests by immigration rights advocates pursuing class action lawsuits for rulings that would once again block the implementation of President Trump's executive order curtailing automatic birthright citizenship, after the U.S. Supreme Court on Friday curtailed the ability of judges to issue nationwide injunctions. The 6-3 conservative majority U.S. Supreme Court's ruling stated that nationwide injunctions could still be issued in class action lawsuits brought on behalf of similarly situated individuals throughout the country, prompting lawyers pursuing earlier challenges to Trump's order to revise their strategies and pursue their cases on behalf of children nationally who would be affected by Trump's order.
  • Former North Carolina public defender Caryn Strickland will urge the 4th Circuit to overturn a decision in her non-jury sexual harassment trial after a judge found she failed to establish that her rights under the U.S. Constitution to equal protection under the law and due process were violated.
  • Jury deliberations may begin in Sean 'Diddy' Combs' sex trafficking trial in New York.
  • U.S. District Judge Jeannette Vargas in Manhattan will hear arguments in Drake’s lawsuit against record label UMG alleging defamation related to Kendrick Lamar’s song “Not Like Us.” UMG filed a motion to dismiss saying the lyrics in question are “rhetorical hyperbole.”
  • The Corporation for Public Broadcasting will ask U.S. District Judge Timothy Kelly in D.C. to issue a preliminary injunction to stop FEMA from freezing funds that support the country’s emergency alert system. Read the complaint. 

Court calendars are subject to last-minute docket changes.

 

More top news

  • Immigrants scramble for clarity after Supreme Court birthright ruling
  • Trump wins as Supreme Court curbs judges, but may yet lose on birthright citizenship
  • DOJ settles antitrust case for HPE's $14 billion takeover of Juniper
 
 

Industry insight

  • Susman Godfrey convinced a judge to permanently block a White House executive order against it, capping a string of court victories for firms targeted for their association with President Trump's perceived enemies. Read the ruling.
 

30 days

That’s how long the U.S. Supreme Court delayed President Trump’s birthright citizenship executive order from going into effect. In the ruling, the justices curbed the power of federal judges to impose nationwide injunctions impeding the president’s policies, but left unresolved the issue of whether he can limit birthright citizenship. The decision directed lower courts that blocked Trump’s EO to reconsider the scope of their orders. Read the opinion here and find more on SCOTUS in our courts section below.

 

"They take the baby oil and the Astroglide and make it the evidence in this case, because there’s nothing wrong with his businesses."

—Marc Agnifilo, a lawyer for Sean “Diddy” Combs, in his closing argument in the former hip-hop mogul’s sex-trafficking case. Agnifilo argued that over the past two months prosecutors had presented a “fake trial” to use Combs' sexual proclivities as evidence of a criminal conspiracy centered on his businesses. Prosecutors argued in their closings that Diddy used "violence and fear" to lead a criminal enterprise. Read more here.

 

In the courts

  • More from the U.S. Supreme Court: The justices preserved a key element of the Obamacare law that helps guarantee that health insurers cover preventive care. The court let parents