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Judge Angel Kelley (D. Mass) on Tuesday granted an administrative stay blocking the Trump administration from terminating Temporary Protected Status (TPS) for South Sudan, which would impact 232 South Sudanese nationals with protection and 73 South Sudanese nationals with pending applications. (Memorandum and Order.) (NYT.)
In a decision unsealed on Tuesday, Judge Waverley D. Crenshaw (M.D. Tenn.) ordered the government to disclose to Kilmar Abrego Garcia documents relevant to determining whether its decision to prosecute him were “tainted by improper motivation.” According to the New York Times, emails excerpted in the order suggest that an official in Deputy Attorney General Todd Blanche’s office had a leading role in the decision to prosecute, potentially contradicting the government’s argument that the decision was made locally by acting U.S. Attorney of Tennessee Robert McGuire. (Memorandum Opinion and Order.) (NYT.) See the Roundup Library for background on the case.
Josh Blackman and Seth Barrett Tillman argued that the Posse Comitatus Act may not apply to the president, challenging the Supreme Court’s assessment in Trump v. Illinois. (Volokh Conspiracy.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.