The app for independent voices

BREAKING: The U.S. Court of Appeals for the First Circuit denied the Justice Department’s request to block a district court’s enforcement order that the Trump administration pay full SNAP benefits for November.

That doesn’t end the matter, though, because of the administrative stay issued by Justice Ketanji Brown Jackson at the U.s. Supreme Court on Friday.

The Sunday night order from the appeals court triggers the start of the 48-hour clock that Jackson set in her Friday order. At the end of the 48 hours — which will now come at the end of the day Tuesday — her administrative stay ends.

If Jackson or the full Supreme Court hasn’t issued any further order by then, the district court order that full payments be made goes back into effect.

There could be an order from the Supreme Court by then on DOJ’s stay request — or a further administrative stay (by Jackson or the full court) while they decide whether to grant DOJ’s stay request and block the order that full payments be made.

Expect letters to be filed with the Supreme Court from the parties soon about the First Circuit’s order — if Jackson doesn’t call for letters or supplemental briefing directly first.

[Update: First thing Monday morning, Jackson called for a quick succession of briefing in the coming day and a half, before her administrative stay ends. (See third image below.)]

Judge Julie Rikelman, a Biden appointee, wrote the opinion for the unanimous appeals court on Sunday night. All three judges on the panel were Democratic appointees.

Another issue likely to come up at the Supreme Court, directly or indirectly: The Senate deal to end the shutdown, which passed a key procedural hurdle on Sunday night, could also moot the case — although whether the deal will become law and how quickly remains uncertain.

For more on this and other legal news, subscribe to Law Dork:

Law Dork
Law Dork
Nov 10
at
6:38 AM

Log in or sign up

Join the most interesting and insightful discussions.