appeal court

Trump administration can replace Washington slavery exhibit in Philadelphia, appeals court says

The Trump administration can replace a slavery exhibit at George Washington’s home in Philadelphia, a federal appeals court panel said Thursday, striking down a lower court’s injunction that required the National Park Service to reinstall the interpretive panels.

The unanimous ruling by the three-judge panel of the 3rd U.S. Circuit Court of Appeals said a lower court judge wrongly interpreted Philadelphia’s contract claims involving Independence National Historical Park, saying the city merely having standing to sue did not mean its arguments had merit. The panel also praised the plans for the replacement installation, writing that they were “full of historical context,” despite objections from historians and city officials that the content appears whitewashed.

The ruling comes a week after a Massachusetts federal judge ordered the Trump administration to restore sites changed under an executive order calling for the nation’s museums, parks and landmarks to not display elements that “inappropriately disparage Americans past or living.” The federal government has asked for a stay on that ruling while it appeals.

It was unclear how the Massachusetts ruling would affect the restoration or replacement of the panels at the President’s House Site. About half the large panels at the outdoor exhibit had been restored before a February pause in the work.

Messages to spokespeople for the Department of Interior and the National Park Service were not returned.

In a statement on Instagram late Thursday, Philadelphia Mayor Cherelle Parker vowed to pursue legal avenues to reverse the decision.

“We cannot and WILL not rest until the full story of American history – including the existence of Slavery at the President’s House here in Philadelphia – is told, for our Nation and the World to see,” she wrote.

Dawn Chavous, a volunteer for Avenging the Ancestors Coalition, one of the advocacy groups that helped develop the site in the 2000s, said they are disappointed with the decision but are speaking to their attorneys and considering options.

“For decades, ATAC has worked to ensure that the stories of the enslaved African descendants who lived and labored at the President’s House are not erased, overlooked, or misrepresented,” the group said in an emailed statement. “That commitment remains unwavering. We believe that historical truth matters, and we will continue to advocate for the protection, preservation, and accurate interpretation of this important chapter of American history.”

The city of Philadelphia sued in January after the National Park Service, in response to President Trump’s executive order, removed the explanatory panels from the President’s House Site, where George and Martha Washington lived with nine of their slaves in the 1790s, when Philadelphia was briefly the nation’s capital.

The city had worked in tandem with the federal government, historians and private partners to create the exhibit in the early 2000s — as part of a longstanding cooperation agreement over the downtown historical park — and contributed $1.5 million toward its creation.

The city argued that the federal government must consult with the city before making changes to the President’s House Site. Justice Department lawyers argued the administration alone can decide what stories are told at National Park Service properties.

In its ruling Thursday, the appeals panel said the maintenance portion of the contract between the city and the federal government could not be interpreted to mean the site would remain as it was when it was completed.

“The duty to ‘maintain’ is better understood as a general management obligation that accompanies ownership, not a promise that the exhibits will forever remain in place regardless of the owner’s wishes,” the opinion said.

Casey and Lauer write for the Associated Press. Casey contributed to this report from Boston.

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Supreme Court will decide if ‘criminal aliens’ can be held indefinitely while they fight deportation

The Supreme Court agreed Monday to hear a Trump administration appeal and decide if “criminal aliens” may be held indefinitely while they fight deportation.

The case to be heard in the fall could give the administration more power to arrest and hold immigrants, including green card holders, who have criminal records.

The government’s lawyers say immigration laws call for deporting non-citizens with “aggravated felonies” on their records. And in such cases, they say these people may be held for months or even years while their claims are before the immigration courts.

Judges have been split on whether non-citizens fighting deportation have a right to a bond hearing and a chance to go free if they pose no risk to public safety.

The 2nd Circuit Court of Appeals in New York ruled for a pair of green card holders who faced deportation to the Dominican Republic and Jamaica. Both had been convicted of assaults that were characterized as aggravated felonies under the immigration laws.

However, the appeals court said their “prolonged detention” was unconstitutional if they were given no bond hearing and no chance to go free.

They were represented by the American Civil Liberties Union, whose lawyers urged the court to turn down the appeal.

“For the first time in this litigation, the government argues that civil detention ‘does not implicate any fundamental rights’ and so the Due Process Clause affords the detained men no protections—substantive or procedural,” they wrote.

In the past, they said the Supreme Court had accepted the “bedrock principle” that detained persons may have a right to seek their release on bond.

One of the two men had left this country and returned to Jamaica, the ACLU lawyers said. But Solicitor Gen. D. John Sauer urged the court to rule on the issue.

The detained men “have no procedural due-process right to a bond hearing on whether they are a flight risk or danger to the community,” he told the court. “Individualized findings about flight risk and danger are irrelevant” under the immigration laws which called for “mandatory detention based on their aggravated-felony convictions alone.”

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Court delays Trump’s $83-million defamation award to E. Jean Carroll

President Trump won’t have to pay an $83-million defamation award to a longtime advice columnist until the U.S. Supreme Court gets a chance to review the case or reject an appeal, according to a court entry Tuesday.

The 2nd U.S. Circuit Court of Appeals agreed to a request by one of Trump’s lawyers to let the president delay the payment to E. Jean Carroll, though it required that Trump post a $7.4-million bond to cover any additional interest costs, a request Carroll’s attorney had made.

The appeals court late last month refused Trump’s request for a rare meeting of the full 2nd Circuit to hear an appeal of a three-judge panel’s affirmation of the January 2024 verdict.

Afterward, Trump attorney Justin D. Smith asked the 2nd Circuit to stay the effect of its decision upholding the award so that the president would not be forced to pay the judgment before the high court has a chance to consider an appeal.

Smith said last week there was a “fair prospect” that the Supreme Court will find in favor of Trump, who has called Carroll’s claims — first made publicly in 2019 — that she was sexually attacked by Trump in a Manhattan luxury department store dressing room in the spring of 1996, a “made-up scam.”

The $83-million award to Carroll, 82, came from a jury that briefly heard Trump testify and observed his animated behavior for several days.

In upholding the verdict, a 2nd Circuit panel wrote in September 2025 that Trump continued his attacks against Carroll for at least five years, making them “more extreme and frequent as the trial approached.”

“He also continued these same attacks during the trial itself,” the appeals court said. “In one such statement, issued two days into the trial, Trump proclaimed that he would continue to defame Carroll ‘a thousand times.’ ”

The jury had been instructed to accept the findings of a jury that in May 2023 awarded Carroll $5 million after concluding Trump sexually abused her in the department store and then defamed her after she published her account of it in a 2019 memoir.

Trump is challenging the $83-million award on several grounds, asserting “absolute immunity” for comments he made while president as he disavowed knowing Carroll and attacked her motivations, saying they were politically driven or arose from a desire to promote her memoir.

Sisak and Neumeister write for the Associated Press.

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Appeals court says Trump’s asylum ban at the border is illegal, agreeing with lower court

An appeals court on Friday blocked President Trump’s executive order suspending asylum access, a key pillar of the Republican president’s plan to crack down on migration at the southern border of the U.S.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can’t circumvent that.

The panel concluded that the Immigration and Nationality Act doesn’t authorize the president to remove the plaintiffs under “procedures of his own making,” allow him to suspend plaintiffs’ right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.

“The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA’s mandatory process to summarily remove foreign individuals,” wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Biden.

The White House didn’t immediately respond to a request for comment.

ACLU attorney Lee Gelernt said in a statement that the appellate ruling is “essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration’s unlawful and inhumane executive order.”

Judge Justin Walker, a Trump nominee, wrote a partial dissent. He said the law gives immigrants protections against removal to countries where they would be persecuted, but the administration can issue broad denials of asylum applications.

Walker, however, agreed with the majority that the president cannot deport migrants to countries where they will be persecuted or strip them of mandatory procedures that protect against their removal.

Judge Cornelia Pillard, who was nominated by Democratic President Obama, also heard the case.

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