The Latest In Associated Press v. Budowich
The Trump Administration changed the name of the body of water between Florida and Texas to the Gulf of America. The Associated Press still calls it the Gulf of Mexico. In response, the Trump Administration excluded the wire service from White House press events. The AP sued three officials within the Trump Administration, seeking to restore access to the Oval Office and other spaces.
In this case, District Judge McFadden ruled against the Trump Administration. But he did not issue an unappealable TRO. Rather, after deliberate briefing and proceedings, on April 8, the court issued a detailed preliminary injunction order requiring the AP to be admitted to press events. (Eugene wrote about the First Amendment issues here.) And unlike some of his colleagues, Judge McFadden stayed his order so that the government could take an appeal to the D.C. Circuit. The stay would expire on April 13.
On April 10, the government filed an appeal to the D.C. Circuit. DOJ sought an emergency motion for a stay and an immediate administrative stay:
The government therefore respectfully requests that this Court enter a stay pending appeal, as well as an immediate administrative stay while the motion is under consideration. At a minimum, the government requests that the Court stay the district court’s order through April 20, 2025, in order to permit the Solicitor General time to seek relief from the Supreme Court.
On April 13, the panel (Pillard, Katsas and Rao) ordered oral argument to be set for April 17. But the panel did not rule on the motion for an administrative stay. By the end of April 13, the district court’s stay lapsed, and the order went into effect.
Yesterday, on April 14, DOJ submitted a letter to the Court renewing the application for an administrative stay so the Solicitor General could seek emergency re
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