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A panel of the Seventh Circuit denied the Trump administration’s motion for a stay of a temporary restraining order (TRO) enjoining the administration from deploying the National Guard in Illinois. As reported in a previous Roundup, the Seventh Circuit had previously stayed the portion of the district court’s TRO enjoining the federalization of the Guard in Illinois. (Per curiam order.) (NYT.)
Judge Sarah Ellis (N.D. Ill.) modified the temporary restraining order she issued last week that enjoined federal agents engaged in “Operation Midway Blitz” from engaging in certain actions, including using riot control weapons on members of the press and tear gas unless there is an immediate threat of serious bodily injury. The amendment orders agents to wear and use body-worn-cameras while interacting with protesters. (Minute Entry.) (WSJ.)
The U.S. Chamber of Commerce on Thursday sued the Trump administration, asking the D.C. District Court to enjoin the presidential proclamation imposing a $100,000 fee on all new H-1B applications and to hold unlawful and set aside any agency action implementing the proclamation. (Complaint.) (WSJ.)
The Justice Department on Thursday indicted John Bolton, President Trump’s former national security adviser, for allegedly mishandling classified information. For background see a prior Roundup. (Indictment.) (WSJ.)
At least two B-52 bombers from Louisiana on Wednesday flew for several hours off the Venezuelan coast in international air space. An elite Army Special Operations aviation unit has also been conducting flights near the coast of Venezuela (NYT.)
Salesforce, a San Francisco based software company, was reported to have pitched Immigration and Customs Enforcement on its artificial intelligence services to help the agency with “talent acquisition” to achieve its goal “to nearly triple its work force by hiring 10,000 new officers and agents.” (NYT.)
The University of Pennsylvania and the University of Southern California on Thursday declined to sign President Trump’s “Compact for Academic Excellence in Higher Education,” a proposal to give funding preferences to schools that agree to certain concessions. (NYT.) (Compact.) Keith Whittington criticized the compact. (Volokh Conspiracy.)
Bob Bauer argued that the Trump administration’s desired overhaul of the Internal Revenue Service (IRS) is “a full-on assault on a long-standing policy, expressed in law and norm, that the IRS should be kept clear of political misuse” and detailed how a recent federal court decision underscores the dangers of entangling tax regulation with politics. (Executive Functions.)
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.