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Roger Parloff

@rparloff.bsky.social

Senior Editor, Lawfare. Practiced law a long time ago. Email: roger.parloff@lawfaremedia.org ; signal rparloff.61

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Roger Parloff@rparloff.bsky.social · 4h ago

Govt succinctly lays down its marker: POTUS can gut any citizen's lawsuit to enforce federal environmental laws, despite Congress's express intent. (From filing to dismiss NAACP's Clean Air Act suit against Musk's gas-turbine-powered Colossus datacenter near Memphis.)

Through a citizen suit under the Clean Air Act, NAACP seeks to enforce federal law, including by obtaining civil penalties payable solely to the United States Treasury. In doing so, NAACP threatens American national, economic, and energy security by seeking to shut off the power supply for Super Intelligence innovation that is essential to the Department of War's military operations. The power to execute federal law belongs to the Executive Branch. Accordingly, under its proper statutory construction, the Clean Air Act affords the United States primacy over citizen-enforcers when it comes to enforcement discretion—as Article II of the Constitution requires. That includes the discretion to decide when such an enforcement action is unwarranted or inconsistent with federal enforcement priorities, and an interpretation that undermines that discretion would raise serious Article II concerns. NAACP should not be permitted to pursue this Clean Air Act enforcement action over the United States' objection. Article II of the Constitution compels that construction of the Clean Air Act by vesting the power to seek civil penalties and enforce federal permitting regimes on behalf of the United States conclusively and preclusively in the Executive Branch.
Roger Parloff@rparloff.bsky.social · 22h ago

NYT has a great article (by @emmbadger.bsky.social) showing the 1924 vision of two slender, widely-spaced columns that the govt has been citing to argue that Congress *already* approved his Trump's Arch. www.nytimes.com/2026/10/23/u...

Does Congress Need to Approve the Arch? Trump Says It Did 100 Years Ago. (Gift Article)

The administration says the arch fulfills the “historic design intent” of a proposal from the 1920s. But does it honor history or flout it?

nytimes.com

Roger Parloff@rparloff.bsky.social · yesterday

Last night, in the Golf Course case, Judge Reyes refused to extend her TRO, which expires Monday. I assume that means she'll grant a preliminary injunction before then. She also ordered Dept of Int dep chief of staff Wischer—go-to guy for Trump's vanity projects—not to delete stuff from his phone.

MINUTE ORDER denying 99 Motion to Resume Testimony and to Extend TRO.The Court DENIES without prejudice the Motion to Resume Testimony and DENIES the Motion to Extend the Temporary Restraining Order. Plaintiffs may renew their Motion to Resume Testimony in advance of a permanent injunction hearing. That noted, the Court ORDERS the Government to ensure that Wischer has taken appropriate steps to preserve the contents of his personal phone. The Court also expands its order that Wischer preserve text messages regarding this litigation, see Oct. 19 Rough Tr. at 97:9-11, to include preservation of any material concerning the East Potomac Golf Course and this litigation. This order should be broadly construed. Signed by Judge Ana C. Reyes on 10/22/2026.
Roger Parloff@rparloff.bsky.social · 2d ago

Plaintiffs seek injunction blocking building of Trump’s Arch, set to begin 11/5. Govt admits Congress must approve the arch, but says it did so in 1913, when it approved Memorial Bridge, finished 90 yrs ago. Original 1924 plan called for 2 columns, tho not an arch. ... 1/2

future. Rather, the 1925 Act authorized the Arlington Memorial Bridge Commission-not Defendants-to "proceed at once" to construct Arlington Memorial Bridge according to the Commission's design. 1925 Act, § 1, 43 Stat. 974. The statute directed the project, "as speedily as practicable," to be "prosecuted to completion... in a total sum not to exceed $14,750,000, id. § 2, 43 Stat. at 974, pursuant to a "ten-year program of expenditures and construction," id. § 6, 43 Stat. at 975. The bridge was completed over ninety years ago, in accordance with the statutory requirements. And while plans from 1924 included two columns (but not an arch), the Commission that Congress authorized to design the bridge removed them, see Sawyer Decl. Exh. R, ECF 44- 23, at 92, and the project was completed without them. Defendants' contention that the statute
Roger Parloff@rparloff.bsky.social · 2d ago

Plaintiffs seek injunction blocking building of Trump’s Arch, set to begin 11/5. Govt admits Congress must approve the arch, but says it did so in 1913, when it approved Memorial Bridge, finished 90 yrs ago. Original 1924 plan called for 2 columns, tho not an arch. ... 1/2

future. Rather, the 1925 Act authorized the Arlington Memorial Bridge Commission-not Defendants-to "proceed at once" to construct Arlington Memorial Bridge according to the Commission's design. 1925 Act, § 1, 43 Stat. 974. The statute directed the project, "as speedily as practicable," to be "prosecuted to completion... in a total sum not to exceed $14,750,000, id. § 2, 43 Stat. at 974, pursuant to a "ten-year program of expenditures and construction," id. § 6, 43 Stat. at 975. The bridge was completed over ninety years ago, in accordance with the statutory requirements. And while plans from 1924 included two columns (but not an arch), the Commission that Congress authorized to design the bridge removed them, see Sawyer Decl. Exh. R, ECF 44- 23, at 92, and the project was completed without them. Defendants' contention that the statute
Zoe Tillman@zoetillman.bsky.social · 2d ago

NEW: Nearly 200 people granted pardons or other clemency by President Trump for Jan. 6 riot prosecutions are suing so far for millions in US payouts. More than a quarter were convicted of assaulting or interfering with police, court records show. Deep dive: buff.ly/keDq09P

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Steve Vladeck@stevevladeck.bsky.social · 3d ago

Over public dissents from Justices Thomas and Alito, #SCOTUS *denies* the Trump administration’s request for emergency relief in the transgender federal prisoner medical care case—leaving in place lower court rulings requiring the continuing provision of care for gender dysphoria.

(ORDER LIST: 610 U.S.) WEDNESDAY, OCTOBER 21, 2026 ORDER IN PENDING CASE 26A416 TRUMP, PRESIDENT OF U.S., ET AL. V. KINGDOM, ALISHEA S., ET AL. The application for stay presented to The Chief Justice and by him referred to the Court is denied. Justice Thomas and Justice Alito would grant the appliation for stay.
Roger Parloff@rparloff.bsky.social · 4d ago

Family of Venezuelan billionaire seeking pardon hires Alina Habba to be GC at a company it’d just set up. Guarantees her $50M over 4 years. Habba was then an advisor to AG Bondi, charged with overseeing US attys. Billionaire got the pardon. By @tylerpager.bsky.social www.nytimes.com/2026/10/20/u...

A Billionaire Wanted a Trump Pardon. His Family Gave Alina Habba a $50 Million Deal. (Gift Article)

Julio Herrera Velutini, a prominent Venezuelan, was seeking clemency. He got it not long after his daughter gave Ms. Habba, a lawyer close to President Trump, an extraordinarily lucrative job.

nytimes.com

Steve Vladeck@stevevladeck.bsky.social · 6d ago

This is the same case in which DOJ is seeking to disqualify Judge Reyes because she got mad at the government for not providing the notice it promised it would provide before removing any trees.

Roger Parloff@rparloff.bsky.social · 6d ago

Quoting Trump's social media post of today, Judge Reyes orders govt to explain by 8pm whether it still takes the positions it took 2 days ago. Also orders Associate AG Stan Woodward to attend hearing tomorrow.

Roger Parloff@rparloff.bsky.social · 5d ago

At 10am Judge Ana Reyes will begin an evidentiary hearing in the golf course case at 10am. I'll try to live-blog from the US Courthouse media room for @lawfaremedia.org . This is a case to stop Trump from converting a historic public golf course, open to all, to a Trump style championship course.

Distracted@aurelyah.bsky.social · 6d ago

There is: "hearing will be accessible to the public via the Ct's public access dial-in line" at telephone number" 833-990-9400," with access code "787605272." Note: The hearing will begin by taking sworn testimony, which the court said will NOT be available. www.courtlistener.com/docket/72278...

DC PRESERVATION LEAGUE v. DEPARTMENT OF INTERIOR, 1:26-cv-00477 - CourtListener.com

Docket for DC PRESERVATION LEAGUE v. DEPARTMENT OF INTERIOR, 1:26-cv-00477 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

courtlistener.com

Roger Parloff@rparloff.bsky.social · 6d ago

Quoting Trump's social media post of today, Judge Reyes orders govt to explain by 8pm whether it still takes the positions it took 2 days ago. Also orders Associate AG Stan Woodward to attend hearing tomorrow.

The Court ORDERS that the Government notify it, by 8:00 p.m. today, whether it continues to take the position that it took in its October 16, 2026, filing, that, "there is no final agency action" and that "at most [] the President has given preliminary thought to" the plan to rebuild East Potomac Golf Course. Dkt. 84 at 33-34. The Court further ORDERS Government counsel Stanley Woodward, Jr. and Robert Stander, who have filed appearances in this case, to attend in-person Monday's hearing.
Roger Parloff@rparloff.bsky.social · 6d ago

12-days in the suit to stop Trump from converting a historic DC golf course, open to all, to a Trump-style championship course. 2 days ago, DOJ attys called Trump's plan "nascent." Today Trump launched his plan & said the existing course closes on 11/15.

An Eventful Twelve Days in the Golf Course Case Oct 6 NPS Acting Director Jessica Bowron files sworn declaration assuring Judge Reyes that Trump’s plans to convert the East Potomac Park municipal golf course (open to all players and skillsets for a nominal fee) into what Trump has called a “world class championship golf course” is still in the “conceptual stage.” Says that, until the Trump plan is finalized, NPS plans to remove only “dead, dying, hazardous or invasive” trees. Oct 7 Bowron internally approves cutting down hundreds of healthy trees, but gives court no immediate notice. Oct 9 At 5:15pm on a Friday, NPS notifies court & plaintiffs that it will begin cutting down hundreds of healthy trees in 12 hours. Oct 10 NPS razes 529 healthy trees. Oct 12 At an emergency Sunday hearing, Govt tells Judge Reyes that trees were razed pursuant to a 7-year-old plan of no urgency, but it had nothing to do with Trump’s championship course. Reyes sets a further hearing for Oct. 19 at which Bowron and Dept of Interior Chief of Staff Greg Wischer, who seems to have ordered the tree-razing, would testify. Oct 16 Govt demands that Judge Reyes recuse herself due to alleged bias. Oct 16 Govt files a motion to dismiss, arguing that Trump’s championship plan is merely “conceptual” & “nascent.” Accordingly, there is not yet any “concrete injury,” allegations are “speculative,” and there is “no final agency action,” meaning that Reyes has no jurisdiction & plaintiffs have no basis to sue. Oct 16 At 9:11 p.m., Katie Zacharia posts photo of herself & Trump in the Oval Office with a blurred map on his desk, which some of speculated shows East Potomac Park. Oct 18 Trump unveils plans for his championship course & says he’s closing the existing one on Nov 15 for 15 months.
Roger Parloff@rparloff.bsky.social · 6d ago

12-days in the suit to stop Trump from converting a historic DC golf course, open to all, to a Trump-style championship course. 2 days ago, DOJ attys called Trump's plan "nascent." Today Trump launched his plan & said the existing course closes on 11/15.

An Eventful Twelve Days in the Golf Course Case Oct 6 NPS Acting Director Jessica Bowron files sworn declaration assuring Judge Reyes that Trump’s plans to convert the East Potomac Park municipal golf course (open to all players and skillsets for a nominal fee) into what Trump has called a “world class championship golf course” is still in the “conceptual stage.” Says that, until the Trump plan is finalized, NPS plans to remove only “dead, dying, hazardous or invasive” trees. Oct 7 Bowron internally approves cutting down hundreds of healthy trees, but gives court no immediate notice. Oct 9 At 5:15pm on a Friday, NPS notifies court & plaintiffs that it will begin cutting down hundreds of healthy trees in 12 hours. Oct 10 NPS razes 529 healthy trees. Oct 12 At an emergency Sunday hearing, Govt tells Judge Reyes that trees were razed pursuant to a 7-year-old plan of no urgency, but it had nothing to do with Trump’s championship course. Reyes sets a further hearing for Oct. 19 at which Bowron and Dept of Interior Chief of Staff Greg Wischer, who seems to have ordered the tree-razing, would testify. Oct 16 Govt demands that Judge Reyes recuse herself due to alleged bias. Oct 16 Govt files a motion to dismiss, arguing that Trump’s championship plan is merely “conceptual” & “nascent.” Accordingly, there is not yet any “concrete injury,” allegations are “speculative,” and there is “no final agency action,” meaning that Reyes has no jurisdiction & plaintiffs have no basis to sue. Oct 16 At 9:11 p.m., Katie Zacharia posts photo of herself & Trump in the Oval Office with a blurred map on his desk, which some of speculated shows East Potomac Park. Oct 18 Trump unveils plans for his championship course & says he’s closing the existing one on Nov 15 for 15 months.
Roger Parloff@rparloff.bsky.social · last wk.

One other thing about the complaint for the 9 fired FBI agents. In theory, some of them are req’d to file their claims with the Merit System Protection Board. The complaint offers the best precis I’ve seen of how Trump & SCOTUS have rendered that futile & preposterous. … 1/3

Roger Parloff@rparloff.bsky.social · last wk.

The complaint filed yesterday by 9 fired FBI agents who worked on the USA v Trump classified documents case (Plasmic Echo) provides some new details. Vivid reminder of how despicable Kash Patel is. … 1/7 storage.courtlistener.com/recap/gov.us...

Complaint – #1 in BACON v. PATEL (D.D.C., 1:26-cv-03604) – CourtListener.com

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12743489) filed by JEREMY LINTON, GILBERT GRANADOS, ERIN MATANIC, RACHEL VACCARO, ZACH FELDMAN, DANIELLE RAY, JENNIFER BACON, C...

storage.courtlistener.com

Roger Parloff@rparloff.bsky.social · last wk.

In a filing signed only by Associate AG Stanley Woodward, govt asks Judge Reyes to disqualify herself from the golf course. (Govt seems desperate to stop Dept of Interior chief of staff Greg Wischer from having to testify about his involvement.) storage.courtlistener.com/recap/gov.us...

Disqualify Judge – #86 in DC PRESERVATION LEAGUE v. DEPARTMENT OF INTERIOR (D.D.C., 1:26-cv-00477) – CourtListener.com

MOTION to Disqualify Judge and Release Audio by JESSICA BOWRON, DOUG BURGUM, DEPARTMENT OF INTERIOR, NATIONAL PARK SERVICE. (Attachments: # 1 Text of Proposed Order)(Woodward, Stanley) (Entered: 10/16...

storage.courtlistener.com

Roger Parloff@rparloff.bsky.social · last wk.

A group called Haines Point Runners asked permission to file an amicus brief in the case over Trump's plans to transform East Potomac Golf Course. Judge Reyes grants the motion and, on her own, says she'll give the group 15 minutes of argument if they let a "young" lawyer do it.

MINUTE ORDER. The Court encourages the parties to find opportunities for young lawyers to present oral argument. If a young lawyer argues, amicus curiae Hains Point Runners will be given 15 minutes of argument time at the Evidentiary Hearing on Monday, October 19.If the Government wishes to cross-examine the individual Plaintiffs or any representative of the organizational Plaintiff, the Government must inform Plaintiffs of its position by noon on October 17, 2026. Any Plaintif the Government identifies is ORDERED to appear at the Hearing in person. Given his recently filed declaration, Dr. Griess is now ORDERED to appear at the Hearing in person. If called to testify, Mr. Lands may still do so in person or remotely. Signed by Judge Ana C. Reyes on 10/16/2026.
Roger Parloff@rparloff.bsky.social · last wk.

One other thing about the complaint for the 9 fired FBI agents. In theory, some of them are req’d to file their claims with the Merit System Protection Board. The complaint offers the best precis I’ve seen of how Trump & SCOTUS have rendered that futile & preposterous. … 1/3

Roger Parloff@rparloff.bsky.social · last wk.

The complaint filed yesterday by 9 fired FBI agents who worked on the USA v Trump classified documents case (Plasmic Echo) provides some new details. Vivid reminder of how despicable Kash Patel is. … 1/7 storage.courtlistener.com/recap/gov.us...

Complaint – #1 in BACON v. PATEL (D.D.C., 1:26-cv-03604) – CourtListener.com

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12743489) filed by JEREMY LINTON, GILBERT GRANADOS, ERIN MATANIC, RACHEL VACCARO, ZACH FELDMAN, DANIELLE RAY, JENNIFER BACON, C...

storage.courtlistener.com

Justice Connection@justiceconnection.bsky.social · last wk.

More than 21,000 DOJ employees have left since January 2025, including 4,333 attorneys, threatening the department’s ability to keep people safe. Justice Connection’s new dashboard allows users to track hiring & departures across DOJ – and compare current trends with the past three administrations:

Justice Connection

The only public dashboard bringing transparency to case data from Department of Justice. Follow the data to hold DOJ accountable to their numbers.

thejusticeconnection.org