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The Ninth Circuit denied rehearing en banc in Newsom v. Trump, leaving in place a panel decision allowing President Trump’s federalization of the California National Guard. In a statement joined by ten of her colleagues, Judge Marsha Berzon wrote in dissent from the denial. (Order.) Steve Vladeck detailed the current state of play in the National Guard cases nationwide. (One First.)
The government opposed Kilmar Abrego Garcia’s motion to compel discovery on his vindictive and selective prosecution claim, arguing that the internal Justice Department materials sought “would never be subject to discovery in normal course” and “are shielded from disclosure from various components of executive privilege.” (Response.)
Secretary of Defense Pete Hegseth on Wednesday announced that the U.S. had conducted a second lethal strike on an alleged drug vessel in the Eastern Pacific. He noted that, “These strikes will continue, day after day.” (X.) (NYT.)
The University of Virginia on Wednesday reached a settlement with the Trump administration that halts Justice Department investigations into its admissions and civil rights policies, with the university agreeing to follow the administration’s interpretation of the Supreme Court’s 2023 affirmative action ruling and provide quarterly compliance updates. (NYT.) The Washington Post Editorial Board wrote that the deal was likely the best outcome the university could have achieved. (WaPo.)
U.S. Customs and Border Protection agents were sent to a Coast Guard base in Alameda, California, ahead of an immigration enforcement operation in the San Francisco Bay Area. (NYT.)
Jason Powell argued that Congress should consider moving Inspectors General from the executive branch to the legislative branch to safeguard their independence, citing the Government Accountability Office as a model for nonpartisan oversight. (Just Security.)
Bill Shipley outlined how Oregon and Portland invoked a pending en banc vote in the Ninth Circuit to delay dissolution of a second temporary restraining order restricting the Trump administration’s deployment of National Guard troops in Portland. (Shipwreckedcrew.)
Barton Swaim wrote that Trump’s use of the Department of Justice to target perceived political enemies will likely harm him politically, giving Democrats an “easy line of attack in the 2026 midterm elections.” (WSJ.)
Quinta Jurecic argued that Trump’s “apparent confidence” that he will be able to secure $230 million in compensation from the DOJ for past investigations “speaks to the degree of control he has secured over the Justice Department.” (The Atlantic.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Illinois: The government filed an emergency application on October 17 requesting the Supreme Court stay a district court order barring the deployment of the National Guard to Illinois. Justice Barrett formally set a deadline of October 20 for a response to the application. Illinois and the City of Chicago submitted a response on October 20. President Trump filed a reply on October 21.
Trump v. Orr: The government filed an emergency application on September 19 requesting the Supreme Court to stay an injunction issued by a district court that requires the State Department to allow transgender and nonbinary people to choose the sex designation on their passports. Justice Jackson formally set a deadline of October 4 for a response to the application. Orr submitted a response on October 6, and President Trump filed a reply on October 7.