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The Supreme Court on Thursday granted the government’s request to stay a preliminary injunction issued by Judge Julia Kobick (D. Mass) that required the State Department to issue passports to transgender and nonbinary Americans that reflect the sex designation of their choosing. (Opinion.) (WSJ.) (SCOTUSBlog.)
Judge John J. McConnell (D.R.I) on Thursday issued a temporary restraining order requiring the U.S. Department of Agriculture (USDA) to make full payments of November SNAP benefits “immediately.” (Memorandum and Order.) (NYT.) The government is appealing to the First Circuit. (Notice of Appeal.) Judge McConnell had previously ordered the Trump administration to use emergency funds to keep paying these benefits. (Order.) In response, USDA announced it would make partial payment to those who receive SNAP benefits during the government shutdown. See prior Roundups for background.
The Senate on Thursday rejected a measure to block military action by the Trump administration in Venezuelan territory without congressional authorization. The resolution failed by a 51-49 vote, with two Republicans joining all Democrats in supporting the measure. (WSJ.)
The Department of Justice has reportedly opened a corruption investigation into D.C. Mayor Muriel E. Bowser related to a 2023 trip, paid for by Qatar, that Bowser and four members of her staff took to Dubai for a United Nations conference. (NYT.)
Judge Rita F. Lin (N.D. Cal.) at a hearing on Thursday described the Trump administration’s threats and investigations into the University of California as undermining academic freedom. (NYT.)
Aaron Zelinsky, John Connolly, and David Reiser argued that, though state prosecutions of ICE agents may end up in federal court, any conviction would be beyond the president’s pardon power. (Lawfare.)
Ilya Somin argued that illegal migration and drug smuggling do not qualify as “invasion” either under the Constitution or the Alien Enemies Act of 1798. (SSRN.)
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.
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. On October 29, Justice Barrett requested supplemental briefs to be filed by November 10.