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Judge Susan Illston (N.D. Cal.) granted plaintiffs’ motion for a temporary retraining order blocking the Trump administration from issuing any new reductions-in-force (RIFs) and taking further action on any RIFs already issued “during or because of” the federal government shutdown. (Order.) (WSJ.)
President Trump signed a memorandum on Wednesday authorizing Defense Secretary Pete Hegseth to repurpose federal funds to pay military personnel during the government shutdown. (Memorandum.) (NYT.)
President Trump acknowledged on Wednesday that he authorized the C.I.A. to conduct covert actions in Venezuela. (NYT.) Jack Goldsmith had a brief analysis. (X)
The Trump administration is planning to use the Internal Revenue Service’s Criminal-Investigative division to target left-leaning groups and major Democratic donors, anonymous sources told the Wall Street Journal. (WSJ.)
The State Department stated on Tuesday that it revoked at least six visas over disparaging comments made about Charlie Kirk. (WaPo.)
President Trump signed an executive order on Wednesday placing new restrictions on hiring across the federal government. (NYT.)
Brown University rejected the Trump administration’s offer to join the “Compact for Academic Excellence,” which would grant preferential access to federal funding in exchange for meeting a set of conditions. (NYT.) See a previous Roundup for background.
Nick Bednar analyzed the Supreme Court’s treatment of the president’s removal power since Humphrey’s Executor and possible implications if the Court overrules it in Trump v. Slaughter. (Lawfare.)
Josh Blackman discussed the Justice Department’s brief filed in the Third Circuit, arguing that “the power to appoint inferior officers is a non-delegable function constitutionally vested in an agency head.” (Brief.) (Volokh Conspiracy.) See a previous Roundup for background on the ongoing litigation concerning whether Alina Habba may serve as acting U.S. Attorney for the District of New Jersey.
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
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.