Lightnews — Scholar-powered news

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 2h

This order — storage.courtlistener.com/recap/gov.us... — is in advance of Thursday arguments, does not change much, and does not tell us much of anything about the merits (as the order itself also states). It is not objectionable, as these things go.

The Thursday arguments are far more important:

2025-10-09 9:00 am Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: GRABER, R. NELSON, and BADE, Circuit Judges
Case No. Title Nature Origin Time / Side
25-6268 State of Oregon, et al. v. Trump, et al. - Federal officials appeal the district court’s order granting the State of Oregon and the City of Portland’s motion for Temporary Restraining Order, and temporarily enjoining the federalization and deployment of Oregon National Guard service members to Portland. [3:25-cv-01756-IM] Civil OR 20 min

16 78

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 2h

In the Oregon troops case, the Ninth Circuit panel granted an administrative stay of the Saturday OR NG TRO but *not* the Sunday deployment TRO.

"Thus, the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed."

Case: 25-6268, 10/08/2025, DktEntry: 32.1, Page 1 of 4
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF OREGON and CITY OF PORTLAND,
Plaintiffs - Appellees,
No. 25-6268
D.C. No.
3:25-cv-01756-IM
District of Oregon, Portland
ORDER
FILED
ОСТ 8 2025
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
DONALD J. TRUMP, In his official capacity as President of the United States; et al.,
Defendants - Appellants.
Before: GRABER, R. NELSON, and BADE, Circuit Judges.

In the circumstances here, granting an administrative stay will best preserve the status quo. Prior to the October 4 temporary restraining order, Oregon National
Guard members had been federalized but not deployed. The Memorandum
authorized federalization of the Oregon National Guard members. An
administrative stay of the October 4 temporary restraining order will maintain the federalization of Oregon National Guard members, because that order prohibits implementation of the Memorandum. Additionally, the second temporary restraining order has not been challenged or appealed, and it prohibits the deployment of National Guard members in Oregon. Thus, the effect of granting an administrative stay preserves the status quo in which National Guard members
3
25-6268
Case: 25-6268, 10/08/2025, DktEntry: 32.1, Page 4 of 4
have been federalized but not deployed.
Administrative Stay GRANTED.

2 71 270

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 7h

NEW: State attorneys general and Trump, featuring N.J. A.G. Matthew Platkin.

"The Supreme Court has seemed like almost overeager to jump into these fights," Platkin says of recent shadow docket rulings. "That is not the way this court is supposed to function."

This evening, at Law Dork:

State attorneys general and Trump, featuring N.J. A.G. Matthew Platkin

"The Supreme Court has seemed like almost overeager to jump into these fights," Platkin says of recent shadow docket rulings. "That is not the way this court is supposed to function."

www.lawdork.com

5 49 160

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 10h

I’ll be going live with @newjerseyoag.bsky.social Platkin to talk all things Trump at 3:30p. Join us then!

open.substack.com/live-stream/...

LIVE SOON: State attorneys general and Trump, featuring N.J. A.G. Matthew Platkin

Starting Oct 8 at 3:30 PM EDT

open.substack.com

6 37

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 10h

NOTE: DOJ appealed the CASA class injunction in the birthright citizenship EO challenges to the Fourth Circuit (Docket: 25-2188) on Tuesday.

DOJ filed SCOTUS cert petitions on the other class injunction & a multistate case, so this case has (for now) taken a back seat, but we'll see what happens.

17 66

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 11h

Smithers cert petition: www.documentcloud.org/documents/26...

Stay of execution application: www.documentcloud.org/documents/26...

www.documentcloud.org

1 3 28

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 11h

This will go absolutely nowhere, but, I'm glad they're asking it, and I hope it gets coverage as part of DeSantis's ugly bloodlust execution spree.

If Florida kills Samuel Smithers next week, it will be the state's 14th execution this year — nearly 3 times more than the 5 carried out in Texas.

In the Supreme Court of the United States
SAMUEL LEE SMITHERS, JR.,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
ON PETITION FOR A WRIT OF CERTIORARI TO THE FLORIDA SUPREME COURT
PETITION FOR A WRIT OF CERTIORARI
CAPITAL CASE
DEATH WARRANT SIGNED
Execution Scheduled: October 14, 2025, at 6:00 p.m. ET

CAPITAL CASE
QUESTION PRESENTED
1. Does the execution of the elderly violate the Eighth Amendment of the United States Constitution's prohibition against cruel and unusual punishment based
on the evolved standards of decency?

8 66 200

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 1d

NEW: Supreme Court likely to strike down Colorado's conversion therapy ban.

A lesson in how defining the case often resolves the case.

Today at Law Dork:

Supreme Court likely to strike down Colorado's conversion therapy ban

A lesson in how defining the case often resolves the case.

www.lawdork.com

19 57 200

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 1d

First take out of arguments: Despite efforts by Sotomayor to put off a decision, it appeared the Supreme Court will subject Colorado’s conversion therapy ban to strict scrutiny under the First Amendment, with a majority likely to strike it down outright.

More to come at Law Dork:

Law Dork | Chris Geidner | Substack

The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.

www.lawdork.com

9 41 99

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 2d

NEW: Pair of lawsuits challenging Trump's targeting of Chicago get first hearings.

The lawsuits challenge the Trump administration's military deployment efforts and harsh treatment of protesters and journalists. More hearings are set for later this week.

Tonight, at Law Dork:

Pair of lawsuits challenging Trump's targeting of Chicago get first hearings

The lawsuits challenge the Trump administration's military deployment efforts and harsh treatment of protesters and journalists. More hearings are set for later this week.

www.lawdork.com

3 89 320

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 2d

No TRO today in the second Illinois case, either, but Judge Ellis has found the plaintiffs challenging ICE protest enforcement actions have standing for TRO purposes and are likely to succeed on First and Fourth Amendment claims. They also went through the proposed TRO in depth. Follow up coming —>

Chris Geidner @chrisgeidner.bsky.social · 2d

"At this point, DHS is on notice," Ellis says, but she says she would rather give a couple days for DOJ to get "real answers," particularly as to the identification issue, from clients.

A follow-up hearing will be at 2:00 p.m. CT Wednesday.

Parties are also asked to confer in the interim.

6 200 600

Law Dork @lawdorknews.bsky.social · 2d

Note that this is in addition to the Illinois v. Trump lawsuit over military deployment in or to Illinois, where a different judge heard brief arguments and ordered a DOJ response Wednesday and hearing Thursday, but rejected the request for an immediate TRO.

See more here on that. —>

Chris Geidner @chrisgeidner.bsky.social · 2d

Illinois and Chicago filed suit against Trump while I was in court.

Complaint below.

Here is the TRO motion: storage.courtlistener.com/recap/gov.us...

And legal arguments: storage.courtlistener.com/recap/gov.us...

A hearing before Judge April Perry, a Biden appointee, is set for 2p CT.

Kyle Cheney @kyledcheney.bsky.social · 2d

BREAKING: Illinois has filed suit to block Trump's deployment of the military to Chicago.

storage.courtlistener.com/recap/gov.us...

1 9

Law Dork @lawdorknews.bsky.social · 2d

Read @chrisgeidner.bsky.social's thread for an ongoing hearing over a TRO that is set to be granted in a case raising Fourth and First Amendments claims, including press and religion claims, over the response to ICE protests in the Northern District of Illinois (i.e., Chicago). —>

Chris Geidner @chrisgeidner.bsky.social · 2d

NEW: I'm listening in on a second new lawsuit out of Illinois today, addressing First Amendment freedoms surrounding protests, including press and religious claims.

Judge Sara Ellis, an Obama appointee, is hearing the TRO motion and has found the plaintiffs, for TRO purposes, have standing.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHICAGO HEADLINE CLUB, BLOCK CLUB CHICAGO, CHICAGO NEWSPAPER GUILD LOCAL 34071, NABET-CWA LOCAL 54041, ILLINOIS PRESS ASSOCIATION, RAVEN GEARY, CHARLES THRUSH, STEPHEN HELD, DAVID BLACK, WILLIAM PAULSON, AUTUMN REIDY-HAMER, and LEIGH KUNKEL, on behalf of themselves and others similarly situated,
Plaintiffs,
V.
KRISTI NOEM, Secretary, U.S. Department of Homeland Security (DHS); TODD LYONS,
Acting Director, U.S. Immigration and Customs Enforcement (ICE); MARCOS CHARLES,
Acting Executive Associate Director, Enforcement and Removal Operations, ICE;
RUSSELL HOTT, Chicago Field Office
Director, ICE; RODNEY S. SCOTT,
Commissioner, U.S. Customs and Border Protection (CBP); GREGORY BOVINO, Chief Border Patrol Agent, CBP; DANIEL
DRISCOLL, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);
WILLIAM K. MARSHALL III, Director of the Federal Bureau of Prisons (BOP); PAMELA BONDI, Attorney General of the United States;
U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. DEPARTMENT OF JUSTICE; UNIDENTIFIED FEDERAL OFFICER DEFENDANTS; UNIDENTIFIED FEDERAL AGENCY DEFENDANTS; and
DONALD J. TRUMP, President of the United States,
No. 25-cv-12173
PLAINTIFFS' COMPLAINT FOR INJUCTIVE AND DECLARATORY RELIEF

1 1 14

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 2d

Here is the orders list out of SCOTUS's long conference.

Because we already got the new grants on Friday, this is a lot of denials, including the news that the court rejected Ghislaine Maxwell's appeal: www.supremecourt.gov/orders/court...

www.supremecourt.gov

6 33 120

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 2d

Illinois and Chicago filed suit against Trump while I was in court.

Complaint below.

Here is the TRO motion: storage.courtlistener.com/recap/gov.us...

And legal arguments: storage.courtlistener.com/recap/gov.us...

A hearing before Judge April Perry, a Biden appointee, is set for 2p CT.

Kyle Cheney @kyledcheney.bsky.social · 2d

BREAKING: Illinois has filed suit to block Trump's deployment of the military to Chicago.

storage.courtlistener.com/recap/gov.us...

4 150 480

Law Dork @lawdorknews.bsky.social · 3d

And, subscribe to Law Dork to support this essential independent legal journalism: www.lawdork.com

Law Dork | Chris Geidner | Substack

The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.

www.lawdork.com

3 16

Law Dork @lawdorknews.bsky.social · 3d

Judge Karin Immergut held a hearing tonight and issued a second TRO in the Oregon v. Trump case, barring the Trump administration from sending *any* National Guard federalized under 10 U.S.C. 12406 to Oregon from any state or D.C.

Check out @chrisgeidner.bsky.social's thread for much more —>

Chris Geidner @chrisgeidner.bsky.social · 3d

NEW: Oregon and Portland filed an amended complaint in their lawsuit against Trump tonight, with a new plaintiff added who is joining them: California. storage.courtlistener.com/recap/gov.us...

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
STATE OF OREGON, the CITY OF PORTLAND, and the STATE OF CALIFORNIA
Plaintiffs,
v.
DONALD TRUMP, in his official capacity as
Case No.
AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE
RELIEF
OF DEFENSE; KRISTI NOEM, in her official apacity as Secretary of Homeland Security; nd U.S. DEPARTMENT OF HOMELAND SECURITY,
Defendants.

N. Cross-State Deployment of California National Guard to Oregon
110. On the evening of Saturday, October 4, 2025, after this Court issued a temporary restraining order blocking the attempted federalization of Oregon National Guard personnel to deploy to Portland, Oregon, the U.S. Army Northern Command communicated to the California Military Department Executive Leadership that they intended to send 200 of the federalized California National Guard personnel in Los Angeles to Portland.
111. As of 6:30 a.m. on Sunday, October 5 one transport carrying approximately 100
federalized California National Guard personnel had already departed from Los Angeles to Portland, with additional transport scheduled for later in the day. Additionally, California
Military Department Executive Leadership learned that all 300 federalized California National
Guard personnel will be imminently deployed to Portland.
112. Also on Sunday, October 5, 2025, the California Military Department received an order extending the federalization of the 300 federalized California National Guard personnel
through January 31, 2026.

9 130 400

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 3d

NEW: Oregon and Portland filed an amended complaint in their lawsuit against Trump tonight, with a new plaintiff added who is joining them: California. storage.courtlistener.com/recap/gov.us...

21 430 1.6K

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 3d

Will Chief Justice John Roberts and the Republican appointees end the notion of co-equal branches by raising the executive above all else in backing Trump’s unending desire for more power and fewer limits?

That is the question of this term, and Law Dork will be covering all of it.

It's already time for a new SCOTUS term. Or, the summer that wasn't.

A look back, a look ahead. And, for paid subscribers: Closing my tabs.

www.lawdork.com

35 150 570

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 3d

NEW: It's already time for a new SCOTUS term. Or, the summer that wasn't.

A look back, a look ahead.

This evening, at Law Dork: www.lawdork.com/p/its-alread...

It's already time for a new SCOTUS term. Or, the summer that wasn't.

A look back, a look ahead. And, for paid subscribers: Closing my tabs.

www.lawdork.com

1 18 110

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 4d

UPDATE: DOJ has filed a notice that it is appealing tonight's time-limited TRO — an order that is generally not appealable — to the Ninth Circuit. storage.courtlistener.com/recap/gov.us...

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
STATE OF OREGON, and the
CITY OF PORTLAND,
Plaintiffs,
Case No. 3:25-cv-1756-IM
DEFENDANTS' NOTICE OF APPEAL
DONALD J. TRUMP, in his official capacity as President of the United States, et al.,
Defendants.
PLEASE TAKE NOTICE that all Defendants in the above-captioned case hereby appeal to the United States Court of Appeals for the Ninth Circuit from this Court's October 4, 2025 Opinion and Order Granting Plaintiffs' Motion for Temporary Restraining Order, ECF No. 56, and Temporary Restraining Order, ECF No. 56-1.

19 210 620

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 4d

Order: storage.courtlistener.com/recap/gov.us...

More to come at Law Dork: www.lawdork.com

Law Dork | Chris Geidner | Substack

The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.

www.lawdork.com

1 9 87

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 4d

NEWS: Judge Karin Immergut on Saturday issued a temporary restraining order blocking Trump and Hegseth’s effort to activate the National Guard in Oregon.

Immergut, a Trump appointee, was reassigned the case after DOJ sought to recuse the first-assigned judge. www.lawdork.com/p/dojs-recus...

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
STATE OF OREGON and the
CITY OF PORTLAND,
Plaintiffs,
Case No. 3:25-cv-1756-IM
OPINION AND ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER
DONALD TRUMP, in his official capacity as President of the United States; PETE HEGSETH, in his official capacity as Secretary of Defense; U.S. DEPARTMENT OF DEFENSE; KRISTI NOEM, in her official capacity as Secretary of Homeland Security; and U.S. DEPARTMENT OF HOMELAND SECURITY,
Defendants.

CONCLUSION
For the above reasons, this Court GRANTS Plaintiffs' Motion for Temporary Restraining
Order, ECF 6, and temporarily enjoins Defendants' September 28, 2025, Memorandum ordering
the federalization and deployment of Oregon National Guard service members to Portland. The TRO expires in fourteen days on October 18, 2025, and the parties are ORDERED to comply with the attached TRO. The Defendants' request to stay or administratively stay the Temporary
Restraining Order, see Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order, ECF 35 at 41, is DENIED.
IT IS SO ORDERED
DATED this 4th day of October, 2025 at 3:40 p.m. pacific daylight time.
/s/ Karin J. Immergut
Karin J. Immergut
United States District Judge

10 200 960

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 4d

“This is not law. It is a spell, announced by a phantom. It is an empty decision, but coming as it does on behalf of a majority of the Supreme Court, it will have unfathomably cruel effects as it stands up Noem’s actions.”

Read it at Law Dork now:

Supreme Court lets Noem end legal status for many Venezuelans in the U.S.

The majority gave virtually no reasoning. The Democratic appointees objected, but only Justice Jackson wrote: "[Y]et another grave misuse of our emergency docket."

www.lawdork.com

5 59 200

Reposted by Law Dork

Chris Geidner @chrisgeidner.bsky.social · 4d

Friday’s SCOTUS decision was issued in a brief, unsigned order that contained virtually no reasoning. It was accompanied by no signed opinions from any of the justices in the majority and over opposition from the three Democratic appointees. Only Justice Ketanji Brown Jackson wrote.

Supreme Court lets Noem end legal status for many Venezuelans in the U.S.

The majority gave virtually no reasoning. The Democratic appointees objected, but only Justice Jackson wrote: "[Y]et another grave misuse of our emergency docket."

www.lawdork.com

11 200 520