The briefing schedule was issued July 22: storage.courtlistener.com/recap/gov.us... DOJ motion: storage.courtlistener.com/recap/gov.us... Today's DC Circuit order: storage.courtlistener.com/recap/gov.us...

Today in "DOJ gets dinged by a federal court," the DC Circuit just denied DOJ's unopposed motion to reschedule the Nov. 24 oral argument in the AP access case b/c DOJ ignored the DC Circuit rules, under which DOJ should have informed the court about availability issues in July or early August.

The filings are now public and docketed: - Trump v. Washington petition (25-364): www.supremecourt.gov/DocketPDF/25... - Trump v. Barbara petition (25-365): www.supremecourt.gov/DocketPDF/25...

NEWS: The Trump administration is, as was reported Friday, asking the Supreme Court to take up birthright citizenship. Notably, DOJ is asking SCOTUS to grant cert in the Washington multistate case and grant cert before judgment in the Barbara class-action case. More to come at Law Dork:

What happened at SCOTUS today? The case over $4 billion in foreign aid led to an unsigned Friday SCOTUS order that, in effect, means Trump can overturn certain laws — and that preventing him from doing so is a "harm" for which SCOTUS can grant him relief. Here's my report at Law Dork:

NEW: SCOTUS's Republican appointees let Trump ignore Congress, cut foreign aid. Justice Kagan, dissenting for the Democratic appointees, noted the majority's "preliminary" order means $4 billion in aid allotted by Congress will be blocked "for all time.“ This evening, at Law Dork:

Here’s the next-to-no-reasoning order and Kagan’s dissent: www.supremecourt.gov/opinions/24p...

BREAKING: The Supreme Court allows the Trump administration to withhold $4 billion in foreign aid funds b/c of Trump’s “pocket rescission” argument and b/c enforcing the injunction would affect foreign affairs. The Democratic appointees dissent. More to come at Law Dork: www.lawdork.com

BREAKING: Justice Thomas issues an administrative stay, blocking a July order from the 11th Circuit from going into effect on Tuesday, while SCOTUS considers Alabama's request for a stay pending appeal of the ruling, which would vacate a death sentence b/c of discrimination in jury selection.

NEW: Trump the tyrant is on full display — but his acting out highlights how weak he is. Trump got his Comey indictment Thursday and issued a memo directing "domestic terrorism" investigations. And yet, both provided more evidence that Trump is losing. Tonight, at Law Dork:

Background: * "Domestic terrorism" memo: www.whitehouse.gov/presidential... * Comey indictment report: abcnews.go.com/US/former-fb...

The big news tonight is two-fold — Trump's "domestic terrorism" memorandum and James Comey's reported indictment — and both are signs that Trump's authoritarianism is here. Now. Both situations, though, show how weak Trump actually is. That will be coming tonight, at Law Dork: www.lawdork.com

SCOTUS application: www.documentcloud.org/documents/26... Eleventh Circuit opinion: storage.courtlistener.com/recap/gov.us... Notably, Alabama sought panel — but not en banc — rehearing at the Eleventh Circuit and then requested a stay of the mandate pending certiorari. The panel rejected both.

NEW: Alabama AG goes to SCOTUS on the shadow docket (No. 25A347) to stop an Eleventh Circuit decision from going into effect on Sept. 30 that would force the state to retry a man on death row b/c the 11th Circuit held, 2-1, that the state discriminatorily used its peremptory strikes.

NEW: The U.S. Supreme Court won't stop Texas from killing Blaine Milam tonight. There were no noted dissents. This would be Texas's fifth execution in 2025 and the 32nd execution in America this year across 10 states.

Chief Justice John Roberts has teamed up with President Donald Trump to hold nearly $5 billion in foreign aid funding hostage. 5 days, 10 hours, and 20 minutes until the funding at issue expires.

BREAKING: Oklahoma Education Superintendent Ryan Walters says he is resigning. (Of course, he announced this on Fox News.) www.koco.com/article/ryan...

Original brief: storage.courtlistener.com/recap/gov.us... Letter: storage.courtlistener.com/recap/gov.us... Corrected brief: storage.courtlistener.com/recap/gov.us...

What an embarrassment. Two days after filing a key petition at the last minute (or later) seeking en banc review at the Fifth Circuit in an Alien Enemies Act case (which I covered at Law Dork yesterday: www.lawdork.com/p/bondi-doj-...), DOJ today filed a corrected petition to fix several errors.

... and the DC Circuit has jurisdiction over the appeal that I discussed in this post: www.lawdork.com/p/two-cases-...

NEW: In supplemental briefing in the cases challenging the Trump admin's anti-trans prison policies, both DOJ (storage.courtlistener.com/recap/gov.us...) and the challengers (storage.courtlistener.com/recap/gov.us...) agree the district court could issue multiple preliminary injunctions ...

NEW: Here is a note at Law Dork from @chrisgeidner.bsky.social on this development: substack.com/@chrisgeidne...

NEW: Bondi's DOJ knows how to slow walk the bad cases. With a trio of examples already this week, some insights into the other end of the spectrum from DOJ's higher-profile practice of rushing to the Supreme Court. Tonight, at Law Dork —>

This is of course all ridiculous and I tried to show you that in how I explained that, but it's just as important to note how careful Ali is being with this in light of all of the complications of this case, this administration, and this SCOTUS. Order: storage.courtlistener.com/recap/gov.us...

NEW: In the foreign aid funding case — raising impoundment issues — Judge Ali asks for information to be provided by Sept. 25 about any funds expiring on Sept. 30 that are not included in the "pocket rescission" currently subject to Roberts's "administrative stay" on the "shadow docket" at SCOTUS.

On Monday, the Supreme Court’s Republican appointees gave the Republican president new powers to fire Democratic appointees of federal agencies — via the shadow docket and contrary to a 90-year-old precedent. That’s allowed now, though, apparently. For Trump, at least. Law Dork:

NEW: SCOTUS majority says Trump can ignore precedent if the majority doesn't like it. A 90-year-old precedent meant nothing to the majority allowing Trump to fire an FTC commissioner during litigation. This is no way to run a court, let alone a country. Tonight, at Law Dork:

In dissent as to the stay, Justice Kagan — joined by Justices Sotomayor and Jackson — lays out the lawlessness of the majority plainly. "Our emergency docket should never be used, as it has been this year, to permit what our own precedent bars." Order/dissent: www.supremecourt.gov/opinions/24p...

BREAKING: SCOTUS will hear a case over whether it should overrule Humphrey's Executor — in a shadow docket order that also allows Trump's firing of Rebecca Slaughter as an FTC commissioner to take effect while the appeal is considered, which should not be allowed under Humphrey's Executor.

Fox News says, what do you think you are doing, Newsmax? They filed a motion in W.D. Wisconsin to move Newsmax's second lawsuit to S.D. Florida "because of Newsmax's undeniable forum shopping." Motion: storage.courtlistener.com/recap/gov.us... Memo: storage.courtlistener.com/recap/gov.us...

Responses were requested with varying due dates in three SCOTUS shadow docket applications: • 25A319 (anti-trans/anti-nonbinary passport policy) - 4p Oct 6 • 25A322 (California school vaccination requirements) - 4p Oct 1 • 25A326 (Venezuela TPS case final judgment) - 4p Sept 29

NEW: A sharp picture of the personal nature of Trump's disregard for the rule of law. Allegations against Trump's "border czar" and DOJ, TikTok shenanigans, and Trump's Virginia federal prosecutor manipulations. Tonight, at Law Dork:

Order: storage.courtlistener.com/recap/gov.us... Menashi (with Park): storage.courtlistener.com/recap/gov.us... (There are a couple other opinions that I’ll pull once at a laptop.)

Menashi and Park, two Trump appointees, note that the merits appeal has already been briefed so, regardless of the correctness of the panel opinion denying the stay, en banc reconsideration would be an unnecessary use of the court’s resources.

BREAKING: The full Second Circuit will not reconsider (en banc) the Trump administration’s motions to stay the lower court orders in the Ozturk/Mahdawi cases during appeal. This means nothing changes for now and they remain out of detention.

Judge Timothy Kelly’s opinion today, harshly questioning the Trump admin’s Labor Day weekend effort to deport kids to Guatemala, was needed to protect the kids. A Trump appointee, his ruling was all the more striking — and important — given the actions of the Trump admin in recent days. Law Dork:

BREAKING: DOJ asks the Supreme Court to allow Trump's purported firing of Lisa Cook as a governor of the Federal Reserve Board to be given effect during her challenge to that purported firing. The DC Circuit (2-1) rejected a similar request earlier this week. It will be Docket No. 25A312.

Opinion: storage.courtlistener.com/recap/gov.us... Order: storage.courtlistener.com/recap/gov.us... Background at Law Dork: www.lawdork.com/p/this-weeke...

BREAKING: Saying that the Trump administration’s explanation for its Labor Day weekend effort to send children to Guatemala “crumbled like a house of cards” upon examination, Judge Timothy Kelly, a Trump appointee, grants provisional class certification and a preliminary injunction.

NEW: Federal judge denies Trump administration's request to dismiss the multistate lawsuit against Trump's "election integrity" executive order: storage.courtlistener.com/recap/gov.us...

NEW: House Republicans, with key Dem support, took aim at D.C. on Tuesday. A pair of bills backing Trump's attack on D.C. passed the House. Both would restrict D.C.'s self-governance and more harshly punish criminal acts of young people. Today, at Law Dork:

Scheduling note I had missed: The Fifth Circuit has tentatively set the en banc rehearing arguments in the case over Texas's SB4 criminal immigration law for the week of January 19, 2026. A 2-1 panel had affirmed the injunction earlier this summer: storage.courtlistener.com/recap/gov.us...

NEW: The U.S. Supreme Court will not stop Florida's scheduled execution of David Pittman on Wednesday. There were no noted dissents.

Here is her opinion — storage.courtlistener.com/recap/gov.us... — which is reached despite this view of the Trump administration's actions:

BREAKING: Judge Chutkan denies emergency relief to men the Trump admin sent to Ghana who appear likely to be—and one already has been—sent to countries where they face persecution or torture and where the U.S. could not have sent them directly. She finds she lacks jurisdiction to order the relief.

Right after I published, but I do appreciate this: The plaintiffs are asking the court to unseal the declaration DOJ submitted from a State official over the weekend bc, they say, it contains nothing sensitive and court proceedings are presumptively public. storage.courtlistener.com/recap/gov.us...

Judge Brad Garcia (Biden), joined by Judge J. Michelle Childs (Biden), concurs in the court's order. Judge Gregory Katsas (Trump) dissents. storage.courtlistener.com/recap/gov.us...

BREAKING: On a 2-1 vote, the D.C. Circuit rejects the Trump administration's request to allow Trump's purported firing of Fed Board Governor Lisa Cook to take effect during litigation. She will remain on the board for now, absent a further court order to the contrary.

NEW: No order yet in lawsuit seeking to stop further movement of men Trump admin sent to Ghana. The lawsuit alleges the "purpose" of the Ghana deportations is to have Ghana send the men to countries where the U.S. could not legally send them directly. Tonight, at Law Dork: