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The Supreme Court on Tuesday granted certiorari in U.S. DOGE Service v. U.S. District Court for the District of Columbia to address whether a lower court’s discovery order concerning the applicability of the Freedom of Information Act to DOGE complies with Supreme Court precedent and separation-of-powers principles. (Docket.) (NYT.)
Judge Timothy J. Kelly (D.D.C.) on Tuesday issued a preliminary injunction blocking the White House from reinstating its ban on CNN, Politico, and MS NOW. Judge Kelly ruled that the plaintiffs were likely to succeed on their Fifth Amendment and First Amendment claims. (Memorandum Opinion.) (WSJ.) (Politico.)
Judge Ana C. Reyes (D.D.C.) on Tuesday issued a temporary restraining order barring the Department of the Interior from removing additional trees at East Potomac Golf Course through Oct. 26. (Memorandum Opinion.) (NYT.) (Lawdork.)
The New York Times reported that federal investigators probing Rep. Ilhan Omar (D-Minn.) have issued grand jury subpoenas to members of her family. (NYT.) The nonprofit Democracy Defenders Fund on Tuesday urged a special counsel to investigate whether Justice Department and Homeland Security officials violated the Hatch Act by searching Omar’s home days before early voting starts in the midterm elections. (Complaint.) Andrew C. McCarthy wrote that any criminal prosecution for potential fraud in Omar’s admission to the U.S. and naturalization would be time barred by the statutes of limitations. (National Review.)
President Trump on Tuesday pardoned two auto workers on stage at a political rally in Alaska who were previously convicted of modifying diesel vehicles in violation of the Clean Air Act. (NYT.) (CBS.)
Republican and Democratic senators called on President Trump in a Tuesday letter to rescind his deal with Russian President Vladimir Putin that lifted U.S. sanctions on Russian diesel exports. The lawmakers argued that the deal undermines American security interests and will have a “negligible” effect on gas prices at home. (Letter.) (NYT.)
Marty Lederman discussed whether the case challenging President Trump’s restriction on foreign students attending Harvard is moot because the presidential proclamation at issue has expired. (Just Security.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Kingdom: The government filed an application to the Supreme Court on September 28 seeking a stay of the district court’s August 26 order barring enforcement of the Bureau of Prisons’ 2026 policy ending hormone therapy, “sex-trait-modification surgery,” and social accommodations for inmates with gender dysphoria. The respondents filed their opposition on October 8, and the government submitted its reply on October 9.
FCC v. Brown: The government filed an application to the Supreme Court on October 8 seeking a stay and immediate stay pending appeal of the Fourth Circuit’s October 7 order directing the Federal Communications Commission to issue a decision by October 9 on a challenge to its public notice that would extend favorable advertising rates for candidates for federal office to political parties and joint fundraising committees. Chief Justice Roberts on October 8 issued an administrative stay. The respondents filed their opposition on October 10, and the FCC submitted its reply on October 11.