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The Supreme Court on Wednesday delayed ruling on the interim order application in Trump v. Illinois, directing the parties to file supplemental briefs addressing whether the term “regular forces” in 10 U.S.C. §12406(3) refers to the regular forces of the U.S. military, and how that interpretation bears on the relevant statute. (Order.) Ed Whelan noted that the court’s request relates to an amicus brief filed by Marty Lederman on Oct. 21 and provided a brief summary of his arguments. (Ed Whelan, X.)
The Seventh Circuit on Wednesday granted an administrative stay pending consideration of the government’s mandamus petition, temporarily suspending Judge Sara Ellis’s (N.D. Ill.) order directing U.S. Border Patrol Chief Gregory Bovino to file daily compliance reports on federal agents’ use of force in Chicago. (Order.) See yesterday’s Roundup for background.
The Justice Department acknowledged that Oregon National Guard soldiers were briefly deployed to Portland despite a temporary restraining order issued hours earlier, prompting Judge Karin Immergut (D. Or.) to suggest the action may constitute “contempt and a direct violation of my TRO.” (NYT.) Bill Shipley noted that the Ninth Circuit’s decision to rehear the case en banc has handed Judge Immergut “complete freedom to determine the outcome of the case consistent with how she decided the TRO.” (Shipwreckedcrew.)
The Defense Department has ordered the National Guard to create riot control “quick reaction” forces in all 50 states as well as Guam, the Virgin Islands, and Puerto Rico by January. (WSJ.)
Defense Secretary Pete Hegseth announced another lethal strike against a boat that he said was operated by a “designated terrorist organization” in the eastern Pacific Ocean on Wednesday. (NYT.)
The Justice Department placed two prosecutors on administrative leave after they described the Jan. 6 attack as a “riot” carried out by a “mob” in a court filing later withdrawn and replaced by new attorneys. (WaPo.)
The White House Office of Management and Budget is using funds from military housing, research, and procurement accounts to cover the roughly $5.3 billion needed for military payroll by Friday. (Axios.)
The Senate on Wednesday voted to block tariffs President Trump had imposed on Canada. (WaPo.) Senators Tim Kaine and Rand Paul explained why they forced votes on the president’s tariffs this week, stating that Trump’s “reckless, unconstitutional actions risk sending our country full steam ahead into economic chaos.” (WaPo.)
David A. Graham warned that Trump’s exercise of federal authority and domestic troop deployments may imperil the integrity of the 2026 midterms. (The Atlantic.)
Ryan Goodman, Michael Schmitt, and Anna Jimenez argued that the Trump administration’s treatment of the Venezuelan cartel Tren de Aragua as both a group operating “at the direction of” the Maduro regime and as a non-state actor is highly contradictory. (Just Security.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
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.
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.
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.