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Executive Orders

Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits

April 2, 2025

This executive order addresses the large and persistent annual U.S. goods trade deficits by identifying them as a national emergency. It cites the lack of reciprocity in trade relationships, disparate tariff rates, and non-tariff barriers as significant contributors to this economic issue. The order enables the government to impose a reciprocal tariff policy aimed at rectifying unfair trade practices and promoting a more equitable trading environment. By seeking to balance trade relationships, the executive order aims to protect U.S. manufacturing and safeguard national economic security.

Proclamations

Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua

March 15, 2025

This presidential proclamation addresses the threat posed by Tren de Aragua (TdA), designated as a Foreign Terrorist Organization linked to serious crimes and destabilization efforts related to the Maduro regime in Venezuela. It asserts that TdA’s actions constitute an invasion and irregular warfare against the U.S. The proclamation invokes the Alien Enemies Act, allowing for the apprehension and removal of TdA members identified as threats, declaring them as hostile and dangerous to public safety. It mandates collaboration between federal and state enforcement agencies for enforcement of these measures.

Memoranda

Review of Proposed United States Steel Corporation Acquisition

April 7, 2025

This presidential memorandum directs the Committee on Foreign Investment in the United States (CFIUS) to review the proposed acquisition of United States Steel Corporation by Nippon Steel Corporation and its affiliates. Following the prohibition of this acquisition on January 3, 2025, the memorandum emphasizes the need for a thorough evaluation of potential national security risks associated with the transaction. CFIUS is tasked with submitting a recommendation within 45 days regarding whether measures proposed by the parties adequately address identified risks.

Docket 24A884

Trump v. CASA, Inc.

Decided: June 26, 2025

President Trump issued Executive Order No. 14160, which identifies circumstances in which a person born in the United States is not recognized as a citizen, specifically targeting children born to mothers unlawfully or temporarily present and fathers who are not citizens or lawful permanent residents. Several plaintiffs, including individuals, organizations, and States, filed suits challenging the Order as violating the Fourteenth Amendment’s Citizenship Clause and federal law. District Courts entered universal preliminary injunctions barring enforcement of the Order against anyone, not just the plaintiffs, which the Government appealed. The Government sought partial stays of these injunctions, arguing that the District Courts lacked equitable authority to issue universal injunctions and that relief should be limited to the parties before the courts. The Courts of Appeals denied the Government’s stay requests, and the Supreme Court granted the Government’s applications for partial stays to the extent that the injunctions were broader than necessary to provide complete relief to the plaintiffs. The Court did not address the merits of the constitutional challenge to the Order.

Docket 24-297

Mahmoud v. Taylor

Decided: June 26, 2025

Montgomery County, Maryland, a highly diverse and populous county, incorporated several LGBTQ+-inclusive storybooks into its public elementary school curriculum for kindergarten through fifth grade. The Montgomery County Board of Education (Board) initially allowed parents to opt their children out of lessons involving these books and provided notice of when the books would be taught. These storybooks, which include narratives depicting same-sex weddings, transgender children, and LGBTQ+ themes, were integrated as instructional materials to promote inclusivity and diversity within the English Language Arts curriculum. Shortly after the introduction of these books, the Board rescinded the parental opt-out policy, citing disruptions caused by the growing number of opt-out requests and concerns about social stigma for students who opted out. In response, a group of parents from diverse religious backgrounds filed suit, claiming that the Board’s refusal to allow opt-outs infringed upon their right to free exercise of religion by forcing their children to be exposed to ideas and values conflicting with their religious beliefs. The District Court and the Fourth Circuit denied relief, finding insufficient evidence that the instruction coerced children to act contrary to their faith. The Supreme Court granted certiorari to resolve these issues.

Docket 23-909

Kousisis v. United States

Decided: May 21, 2025

The Pennsylvania Department of Transportation (PennDOT) awarded two major contracts for restoration projects in Philadelphia, which were federally funded and subject to regulations requiring a portion of the work to be subcontracted to disadvantaged business enterprises (DBEs). Petitioners Stamatios Kousisis and Alpha Painting and Construction Co. falsely represented that they would use a prequalified disadvantaged business for paint supplies, as mandated by federal regulations and PennDOT’s contract requirements. In reality, Kousisis arranged for the disadvantaged business, Markias, Inc., to act only as a pass-through entity rather than performing any actual work or supplying materials, funneling payments and invoices without providing any materials itself. This deception violated the requirement that disadvantaged businesses perform a commercially useful function. Although the actual painting work was completed to PennDOT’s satisfaction, and Alpha made over $20 million in profit, the government charged Kousisis and Alpha with wire fraud based on their fraudulent inducement of PennDOT to enter the contracts under false pretenses. The lower courts convicted them, rejecting the argument that no economic loss occurred since PennDOT received the expected services.

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