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The Supreme Court on Wednesday stayed the Fourth Circuit’s writ of mandamus ordering the Federal Communications Commission to issue within 48 hours a final decision resolving a dispute over the agency’s requirements for favorable political advertisement rates. The Court wrote in a per curiam opinion that the Fourth Circuit’s order impermissibly interfered with the FCC’s deliberation process. (Order.) (SCOTUSblog.) For background on the case, see a previous Roundup.
A panel of the Ninth Circuit on Wednesday ordered a lower court to issue a preliminary injunction blocking California from enforcing Section 10 of the No Vigilantes Act, which requires non-uniformed federal law enforcement to “visibly display identification.” It held that the United States was likely to succeed on its claim that the law ran afoul of the Supremacy Clause. (Opinion.) (NYT.)
Judge Vince Chhabria (N.D. Cal.) on Tuesday stayed the U.S. Department of Agriculture’s reorganization expenditures. He ruled that plaintiffs, including unions representing affected federal employees, were likely to succeed on their claim that USDA was “reprogramming” money for reorganization in violation of congressional appropriations statutes. (Order.)
Judge Jennifer L. Rochon (S.D.N.Y.) on Wednesday extended the court’s temporary restraining order halting the Trump administration’s taxpayer-funded advertisement campaign for 14 additional days. (Order.) (Politico.) For background on the case, see a prior Roundup.
Judge Jesse M. Furman (S.D.N.Y.) on Tuesday issued a preliminary injunction barring the Trump administration from enforcing an executive order imposing sanctions on supporters of the International Criminal Court against two human rights groups that challenged it in court. Judge Furman held that the plaintiffs were likely to succeed on their argument that the executive order violated their First Amendment rights. (Opinion and Order.) (NYT.)
The Justice Department on Wednesday appealed a preliminary injunction issued by Judge Timothy J. Kelly (D.D.C.) that barred the White House from reinstating a ban on certain news outlets to the D.C. Circuit. (Notice of Appeal.) (CNBC.) For background on the district court proceedings, see yesterday’s Roundup.
A government watchdog organization filed a complaint on Wednesday in the U.S. District Court for the District of Columbia against Jared Kushner and executive branch entities contending that Kushner’s status as one of the Trump administration’s “go-to foreign policy negotiators” violates the Appointments Clause and financial disclosure requirements under the Ethics in Government Act. (Complaint.) (NBC.)
Magistrate Judge Matthew J. Sharbaugh (D.D.C.) reportedly engaged in a “multi-day back-and-forth” with the Department of Justice to limit the scope of the warrant to search the home of Rep. Ilhan Omar (D-Minn.). (CNN.) For background on the investigation, see yesterday’s Roundup.
A report publicly released on Wednesday by the U.S. Government Accountability Office urged Immigration and Customs Enforcement and U.S. Customs and Border Protection to issue updates to their body-warn camera programs to improve officer compliance with agency policies. According to the report, the Department of Homeland Security agreed to some of the recommendations but did not agree to implement automatic camera activation controls. (Report.) (WaPo.)
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.