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The solicitor general on Monday filed a petition for a writ of certiorari before judgment in Genalo v. D.C. The petition presents two questions: first, whether noncitizens subject to mandatory detention are entitled to a bond hearing if their detention becomes “unreasonably prolonged”; and second, whether the government must justify a noncitizen’s continued detention by clear and convincing evidence in any bond hearing. (Petition.) (SCOTUSBlog.)
The solicitor general on Monday also filed a cert petition in Trump v. Suri, which concerns whether a noncitizen detained pending removal proceedings may file a habeas challenge to his detention in federal district court “based on claims that also go to the validity of his being removed.” The government argues that noncitizens may not do so because the Immigration and Nationality Act channels review of claims arising from “any action taken or proceeding brought to remove an alien from the United States” to “an appropriate court of appeals.” (Petition.) (Reuters.)
Judge Kymberly K. Evanson (W.D. Wash.) on Tuesday dismissed the Justice Department’s lawsuit to compel the state of Washington to produce an unredacted copy of its statewide voter registration list. The decision marks the department’s 25th loss on this issue. (Order.) (Bloomberg Law.)
The San Francisco City Attorney David Chiu sued Trump Media & Technology Group Corp. on Monday in California Superior Court, challenging the legality of “Truth API,” which reportedly charges users $100,000 per month for early access to Truth Social posts by President Trump and other senior executive branch officials. (Complaint.) (NYT.) The complaint alleges that Trump Media is “aiding and abetting Trump’s violation of federal ethics and anti-corruption law” and is violating “other federal laws that protect against insider trading.” For background, see Jack Goldsmith’s conversation on the matter with Harvard Law School professor John Coates.
A coalition of states filed a pair of lawsuits in federal district court challenging the administration’s settlement agreements with private offshore wind developers. The agreements cancel the developers’ offshore wind leases and pay them to undertake “conventional energy projects.” (E.D.N.Y. Complaint.) (D. Me. Complaint.) (PBS.)
The president on Tuesday signed a new security agreement with Greenland and Denmark, which allows the United States to expand its military footprint on Greenland. (Agreement.) (WaPo.)
Steve Vladeck argued that the U.S. Court of Appeals for the Eighth Circuit’s decision Monday requiring Missouri to use its 2025 congressional map is “procedurally bonkers,” “substantively dangerous,” and “a far more serious instance of a lower court acting in direct tension with the Supreme Court’s directive than any of Justice Gorsuch’s three examples of ‘defiance’ in his NIH concurrence last August.” (One First.)
Kate Brannen and Tess Bridgeman outlined questions Congress should ask the Trump administration about the billions of dollars in Venezuelan assets the administration has asserted the United States controls. (Just Security.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Department of Homeland Security v. League of Women Voters: The government filed an application to the Supreme Court on September 8 seeking a stay pending appeal of a June 22 order issued by Judge Sparkle L. Sooknanan (D.D.C.) that vacated a Department of Homeland Security (DHS) program that used Social Security data to verify voters’ citizenship status. The League of Women Voters filed a response on September 15, and DHS filed its reply on September 16.