DOJ 47

Specious Arguments

JGG v Trump: Catch-22
2025-04-20

In JGG v Trump, Solicitor General John Sauer asks the Supreme Court in 24A1007:

Roger Parloff
To prevent class relief ordering adequate notice & due process to all aliens subject to the Alien Enemies Act proclamation, DOJ offers several catch-22s. One is: Since named plaintiffs deny being Tren de Aragua, they aren't subject to the proclamation, so can't serve as class representatives.

Absence of evidence is evidence of terrorism
2025-03-18

In JGG v Trump, the government files a declaration by Robert Cerna:

Ryan Goodman
2/ This does not instill confidence that the Government has accurately or properly identified individuals under the Alien Enemies Act: Government declaration: "[T]he lack of specific information about each individual actually highlights the risk they pose." Full context:

AIDS Vaccine Advocacy Coalition: not enough time
2025-02-26

In AIDS Vaccine Advocacy Coalition v State, the government complains that because they haven't been trying to comply with previous orders, it's hard to comply with this one, and so they should get some slack.

Chris Geidner
JUST IN: DOJ asks Judge Ali to stay his order from today — which was to enforce a TRO in place since Feb. 13 — because, DOJ says, "the Court’s order requires Defendants to disburse nearly $2 billion dollars by 11:59 PM tomorrow." THEY HAD TO DO SO SINCE FEB. 13, THOUGH!! That's the whole point!
DEFENDANTS' MOTION TO STAY THE COURT'S FEBRUARY 25 ORDER PENDING APPEAL Defendants respectfully seek a stay pending emergency appellate relief of the Court's oral ruling and minute order of February 25, 2025, granting Plaintiff' emergency motions to enforce the Court's temporary restraining order (Plaintiffs' oral Emergency Motion to Enforce Temporary Restraining Order, Civil Action No. 25-cv-400; Plaintiffs' Emergency Motion to Enforce Temporary Restraining Order, ECF No. 36, Civil Action No. 25-cv-402). Because the Court's order requires Defendants to disburse nearly $2 billion dollars by 11:59 PM tomorrow, including payments that Defendants may have a reasonable basis to dispute, a stay is warranted pending requests for immediate appellate relief. See Fed. R. App. P. 8(a) ("A party must ordinarily move first in the district court for.. a stay of the judgment or order of a district court pending appeal.").!