Jackler government response
DOJ's en banc response brief due at the Federal Circuit in the CSRA removal-power dispute — 45 days after petitioners' July 14 opening brief.
§ 1252(b)(9)
July 20–26, 2026 · Sunday Edition · judicial divergence
On July 21, a unanimous panel held that 8 U.S.C. § 1252(b)(9) strips federal courts of jurisdiction over habeas petitions challenging detention during ongoing removal proceedings — vacating a Vermont judge's order releasing Columbia protest leader Mohsen Mahdawi.
Two days later, a divided panel reached the opposite conclusion in Suri v. Trump, holding that § 1252(b)(9) does not bar federal habeas review of detention-specific claims before a final removal order — teeing up Supreme Court review.
The circuits are now split on whether immigration detainees can raise constitutional challenges in federal court — or must wait until removal proceedings conclude. The question will likely reach SCOTUS.
Sources: Law.com — Mahdawi · Law.com — Suri
Mahdawi v. Trump · 2d Cir. · No. 25-1113 · panel
Writing for a unanimous panel, Judge Debra Ann Livingston held that Mahdawi's First Amendment and due process claims are so intertwined with his deportation proceedings that federal courts lack jurisdiction until a final removal order issues — citing the Third Circuit's January ruling in Khalil v. Trump.
Apr 2025
Mahdawi detained during citizenship interview in Vermont; district court orders release after 16 days.
Jan 2026
Third Circuit in Khalil holds § 1252(b)(9) bars federal habeas during removal proceedings.
Jul 21
Second Circuit vacates release order and remands with instructions to dismiss for lack of jurisdiction.
Sources: Boston Globe — Mahdawi ruling · CourtListener — slip op.
Suri v. Trump · 4th Cir. · No. 25-1575 · Jul 23, 2026
"Suri's petition targets his detention, not removal. The INA's jurisdiction-stripping provision only applies to final orders of removal."
Judge DeAndrea Benjamin · majority opinion
Sources: DocumentCloud — Suri opinion · Law.com — circuit split analysis
2d & 3d Circuits
No
Federal courts lack jurisdiction over habeas petitions challenging detention during ongoing removal proceedings. Claims must be raised in a petition for review of a final removal order.
4th Circuit
Yes
Detention-specific habeas claims are distinct from challenges to removal itself. § 1252(b)(9) does not strip jurisdiction when no final removal order has issued.
Source: Law.com — jurisdictional split
$0B
in Canadian imports targeted
First use in history · July 20, 2026
19 U.S.C. § 1338 · Tariff Act of 1930
After the Supreme Court struck down IEEPA-based tariffs, President Trump signed three proclamations imposing 50% duties on approximately $20 billion in Canadian goods — from wine and dairy to hockey sticks and cement — effective August 19. Section 338, never before used to enact tariffs, authorizes duties up to 50% when a foreign country discriminates against U.S. commerce.
Sources: White House — Section 338 fact sheet · Law.com — legal analysis
SCOTUS summer order list · July 20, 2026
No. 25-246 · OT 2026–27 · Eighth Amendment
The justices granted certiorari in an Alaskan bush pilot's challenge to the state's attempt to forfeit his $95,000 Cessna after a passenger's six-pack of Budweiser was found aboard a flight to a dry village. Jouppi was convicted of a misdemeanor for knowingly transporting alcohol; the state sought criminal forfeiture of his airplane.
$0
Sources: SCOTUSblog — cert grant · NBC News — Jouppi case
D.S.C. · Judge Richard Gergel · July 22, 2026
Agency action
Terminated
DOGE-driven cuts to Environmental and Climate Justice Block Grants
Court order
$2.8B
Must administer through September 30, 2026
One month after finding EPA's termination of the Inflation Reduction Act grant program "arbitrary and capricious," Judge Gergel ordered the agency to resume funding — writing that EPA "is defying this Court's prior order" by refusing to reinstate grants to cities and nonprofits.
Sources: NOTUS — Gergel order · E&E News — climate grants
0
denaturalization actions filed
DOJ Civil Division · July 20, 2026
Acting Attorney General Todd Blanche announced the Justice Department filed denaturalization complaints against 10 foreign-born individuals in courts nationwide — alleging they procured citizenship through fraud, concealment, or lack of good moral character.
Child sex abuse — concealed criminal history during naturalization
$900,000 Medicare fraud — misrepresented good moral character
Cocaine trafficking — denied prior conviction on N-400 application
Sources: Daily Caller — DOJ announcement · DOJ — Civil Division
E.D.N.Y. · filed July 17, 2026
Four orders of Catholic nuns and Catholic Health sued New York over the Medical Aid in Dying Act, arguing the law forces religious healthcare providers to counsel terminally ill patients about assisted suicide — violating the First Amendment, RFRA, and federal conscience protections.
1st
Free Exercise — compelled speech on suicide
14th
Equal Protection — religious discrimination
ADA
Disability rights — pressure on vulnerable patients
Effective date: August 5, 2026 — preliminary injunction sought
Sources: Becket — complaint · OSV News — Little Sisters
0-year
On July 22, the SEC and Coinbase resolved a Freedom of Information Act lawsuit over agency records from the Gensler-era crypto enforcement strategy — including texts the SEC's Inspector General found were destroyed when Gensler's device was wiped in August 2023. The settlement closes the last major litigation chapter of the prior administration's regulation-through-enforcement approach.
Sources: Crypto Times — FOIA settlement · Fathom News — records fight
Follow-up · Senate Judiciary Committee
The Judiciary Committee pushed its vote on Todd Blanche's attorney general nomination after Epstein survivors criticized his July meeting as perfunctory and former DOJ officials warned senators about mass departures and file-handling practices. With all Democrats opposed, a single Republican defection on the 11-11 committee would block advancement.
Sources: Particle — vote delay · CBS News — confirmation status
Follow-up · Alien Terrorist Removal Court
Chief Judge Joan Ericksen ordered the Justice Department to submit supplemental factual and legal analysis by July 22 in the ATRC's first-ever proceeding — after questioning the nexus between the respondent's alleged conduct and the statutory provisions cited. The sealed filing deadline marked the next chapter in a dormant court activated for the first time in 30 years.
Sources: El País — ATRC update · Axios — first case
Post-Trump v. Barbara · July 20, 2026
After the Supreme Court's June 30 ruling upholding birthright citizenship under the Fourteenth Amendment, congressional Republicans introduced bills targeting narrower pathways — from birth tourism to territorial citizenship — that may rest on firmer constitutional ground than the executive order the Court struck down.
House floor · July 18, 2026
H.R. 9770
Rep. Tom Cole introduced a continuing resolution maintaining FY2026 funding levels for most federal agencies through December 4, 2026 — alongside H.J.Res. 202, a Congressional Review Act resolution disapproving EPA's California greenhouse-gas waiver, and H.R. 2913 extending Ukraine defense lending authority.
Source: Our Elected — week in Congress
0
Follow-up: Foreign surveillance authority under 50 U.S.C. § 1881a has now been expired for 45 days since June 12. Bipartisan reauthorization negotiations remain stalled; existing FISC certifications may permit continued collection through March 2027, but the government cannot issue new targeting directives during the lapse.
Sources: CBS News — 702 lapse · The Dispatch — lapse analysis
State highlight · Alaska
Alaska's unique statutory scheme allowing airplane forfeiture for alcohol importation into dry communities — born of the state's reliance on air transport and high rates of alcohol abuse — is now before the Supreme Court in Jouppi v. Alaska. State Attorney General Stephen Gilliard defends the law as essential to combating bootlegging in remote villages accessible only by air.
Sources: USA Today — Alaska forfeiture law · CNN — dry village context
DOJ's en banc response brief due at the Federal Circuit in the CSRA removal-power dispute — 45 days after petitioners' July 14 opening brief.
Virtual hearings on proposed MY 2027 heavy-duty engine warranty and DEF inducement amendments — EPA-HQ-OAR-2026-0728.
Rescheduled Senate Judiciary Committee vote on Todd Blanche's attorney general nomination — one Republican defection blocks advancement.
Comment deadline on the FTC's proposed policy statement on suppression of accuracy in AI systems under Section 5 — Matter No. P264200.
New York's Medical Aid in Dying Act takes effect — unless Carmelite Sisters v. James preliminary injunction is granted before then.
50% duties on approximately $20 billion in Canadian imports take effect — wine, dairy, cement, hockey sticks, and other non-exempt goods.
Bench trial scheduled in E.D. Va. on the FTC's challenge to the Zillow-Redfin $100M exclusive multifamily listings partnership.