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The interim docket remains active — and not just because of the Trump administration

The interim docket remains active — and not just because of the Trump administration

The Supreme Court is done hearing argument for October, but that does not mean it’s done making major rulings. There are several applications awaiting action on the court’s interim docket, including the Trump administration’s request to be allowed to federalize and deploy the National Guard within Illinois and its attempt to change the current rules for sex markers on passports.

In the past two weeks, the justices resolved six pending cases, denying three requests for stays of execution from death-row inmates, a man’s request for an injunction preventing a Michigan county from enforcing against him a law on making terrorist threats, a request to require a California school district to offer faith-based opt-outs from vaccine requirements, and Alex Jones’ request for the court to pause a $1.4 billion judgment he has been ordered to pay in a defamation case brought by the parents of children who died in the Sandy Hook Elementary School shooting.

In addition to two requests for a stay of execution from the same man, four other significant cases remain, although only three likely will be resolved in the near future. (The court announced earlier this month that it will hear oral arguments in January on the fourth, which concerns President Donald Trump’s firing of Federal Reserve Governor Lisa Cook.)

Here’s a brief overview of the four pending applications.

The newest application, in Trump v. Illinois, was filed by the administration on Friday and centers on Trump’s effort to deploy the National Guard to Illinois. Specifically, U.S. Solicitor General D. John Sauer urged the court to pause a district court order prohibiting the National Guard’s deployment. According to Sauer, the order “cause[s] irreparable harm to the Executive Branch by countermanding the President’s authority as Commander in Chief, jeopardizing the lives and safety of DHS officers, and preventing the President and the Secretary of War from taking reasonable and lawful measures to protect federal personnel from the violent resistance that has persisted in the Chicago area for several months.”

In an opinion which followed her issuance of the challenged order on Oct. 9, U.S. District Judge April Perry contended that “[r]esort to the military to execute the laws” was not presently “called for.” She noted that although she did “not doubt that there have been acts of vandalism, civil disobedience, and even assaults on federal agents,” she did not believe there was enough justification presented for the administration’s actions.

Perry initially blocked deployment for two weeks, until Thursday, Oct. 23. On Wednesday, with the agreement of both sides, she extended her order until final judgment on the merits.

Although the application in Trump v. Illinois is the newest, it may be addressed first. The state of Illinois and city of Chicago responded to the Trump administration’s request on Monday – just over 72 hours after the request was filed – and the administration filed its reply brief on Tuesday.

Castro v. Guevara centers on a 7-year-old girl in Dallas, Texas, who soon may be forced to return to her birth country of Venezuela. Her mother, Samantha Estefania Francisco Castro, who lives with her in Dallas, has asked the court to pause a ruling from the U.S. Court of Appeals for the 5th Circuit that would require that return.

Castro and her daughter have been in the United States since 2021 and have pending asylum applications. The dispute began in April 2023, when Jose Leonardo Brito Guevara, the girl’s father, who has lived in Spain for the past four years, “petitioned a federal court under the Hague Convention on the Civil Aspects of International Child Abduction … to obtain the immediate return of [the girl] to Venezuela.” A federal district court denied the petition after determining that the girl is “well settled in her new environment in Texas.” But the 5th Circuit reversed.