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Judge Jeffrey I. Cummings (N.D. Ill) said on Wednesday that he plans to order the release of hundreds of immigrants that federal agents arrested in the Chicago area in apparent violation of a consent decree. (NYT.) See a previous Roundup for background.
The U.S. Department of Agriculture announced on Wednesday that SNAP benefits would be restored within 24 hours of the government re-opening. (Politico.)
According to the New York Times, the Department of Housing and Urban Development plans to cut funding for programs providing permanent housing to homeless populations by two-thirds, and to redirect the funds to short-term programs imposing work and mental health treatment requirements. (NYT.)
Campaign for Accountability, a progressive watchdog group, on Tuesday filed a bar complaint against Interim U.S. Attorney Lindsey Halligan, alleging that her role in the criminal cases against New York Attorney General James and former FBI Director Comey “constitute an abuse of power” and have “erode[d] public confidence in the legal profession.” (Complaint.) (ABC.)
The Supreme Court on Monday requested a response from the Justice Department to Steve Bannon’s appeal of his 2022 contempt conviction for failure to comply with the House Jan. 6 committee’s investigation. (Docket.) (MSNBC.)
Jack Goldsmith analyzed the Supreme Court’s presidency-related interim orders in the second Trump administration. (Harvard Law Review.)
Ilya Somin argued that the Trump administration’s invocation of the Alien Enemies Act to detain and deport illegal migrants and suspected drug smugglers violates the major questions doctrine. (Volokh Conspiracy.)
Jack Goldsmith and Bob Bauer summarized the evidence that President Trump “may use the formidable powers of the presidency—and possibly even the armed forces—to resist 2026 electoral results he dislikes.” (The Economist.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Rollins v. Rhode Island State Council of Churches: The government filed an emergency application on November 7 requesting the Supreme Court to stay district court orders requiring the Agriculture Department to immediately transfer about $4 billion to fund November SNAP benefits during the shutdown. Justice Jackson issued an administrative stay pending the First Circuit’s resolution of the government’s stay motion and directed the parties to file supplemental briefs by November 11. The Court extended its administrative stay to November 13.
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.
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.