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The Ninth Circuit Court of Appeals on Tuesday voted to rehear the Portland National Guard case en banc and vacated the Oct. 20 panel decision allowing President Trump to federalize and deploy Oregon’s National Guard in the city. (Order.)
Judge J. Michael Seabright, ruling in the Central District of California, on Tuesday determined that Bill Essayli has been serving unlawfully as acting U.S. attorney since July—when he resigned as interim U.S. Attorney—and disqualified him from serving in that role. (Order.)
Judge Susan Y. Illston (N.D.Cal.) on Tuesday issued a preliminary injunction blocking the Trump administration from engaging in reductions in force (RIF) and pausing RIF notices issued during the government shutdown. (Order.) (Politico.)
The U.S. on Monday carried out lethal strikes on four more boats allegedly operated by drug smugglers in the eastern Pacific. (WSJ.) The Washington Post editorial board and Ed Whelan criticized the strikes. (WaPo.) (Ed Whelan, X.)
Judge Sarah Ellis (N.D.Ill.) on Tuesday ordered the U.S. Border Patrol commander to provide daily updates on how federal agents in Chicago are complying with restrictions she placed on their use of force. (WSJ.) See a prior Roundup for background on the case.
Attorney General Pam Bondi stated that her office has “initiated a review of the Biden administration’s reported use of autopen for pardons” after a report published on Tuesday by the House Oversight Committee questioned the pardons’ validity. (X.) (Axios.)
In a speech before American troops in Japan, Trump said he is prepared to send “more than the National Guard” into U.S. cities to enforce his crackdowns on crime and immigration. (NYT.)
The White House on Tuesday fired the members of the Commission of Fine Arts, which was expected to review the president’s construction projects. (WaPo.)
The Senate on Tuesday voted to end the 50 percent tariffs Trump had imposed on Brazil. (NYT.)
Twenty-five states and the District of Columbia sued the Trump administration on Tuesday over its refusal to fund food stamps during the government shutdown. (NYT.)
Andrew Coan argued that stare decisis could preserve the independence of the Fed, even if the Supreme Court overturns Humphrey’s Executor. (Divided Argument.)
Molly Roberts criticized Trump’s White House demolition and ballroom project as side-stepping applicable statutes and norms. (Lawfare.)
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.
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.