Senior legal affairs reporter for @POLITICO with a focus on democracy, law and the balance of power in government. Tips: kcheney@politico.com NY ➡️ BOS ➡️ DC
BREAKING: The Supreme Court is requiring Missouri to use its 2022 map in the general election, rejecting a late push by lower courts to require the state to implement a GOP-friendlier 2025 gerrymandering.
SCOTUS, with no noted dissent, has some sharp words for how the MO Secretary of State handled the matter despite a binding ruling by the Missouri Supreme Court.
The lower courts misapplied Purcell, the justices say.
NEW: Trump’s ballroom? Actually it’s a ‘military complex.’ Trump’s arch? Also a ‘military complex.’ That press ban? A national security move.
The president keeps cloaking pet projects in NatSec rationales — and judges are increasingly looking askance.
politico.com/news/2026/09/25…
The executive is typically afforded wide latitude on national security matters — so it makes sense as a legal strategy. But judges eyeing the ballroom and the press ban called it a pretext. politico.com/news/2026/09/25…
A lawyer for POLITICO, CNN and MSNOW said this week that Trump uses national security as a “talisman” to try to insulate his policies from challenge. politico.com/news/2026/09/25…
JUST IN: A federal judge (Trump-appointed Stephanie Gallagher) has held the Trump administration in contempt for deporting a man to El Salvador in violation of three court orders. She's ordering the government to return him.
storage.courtlistener.com/re…
Obama and Biden appointees routinely reject en banc petitions even on rulings they disagree with. And Judge Schwartz’s point here — cropped out below — is that this issue is fully teed up for SCOTUS review from multiple circuits. So going en banc would be of little value.
Dear Trump Judges:
Do you really think an Obama or Biden judge would write this?
Stop being weak.
Bold and fearless.
You're not a Bush judge.
ww3.ca2.uscourts.gov/decisio…
JUST IN: D.C. Circuit upholds the Trump administraiton's decision to ice out Anthropic/Claude, finding the government's claim of security risks to have "ample support." documentcloud.org/documents/…
The ruling was 2-1. Majority: Katsas (Trump), Rao (Trump). Dissent: Henderson (GHWB).
Henderson contends that the law only permits this kind of exclusion for intentional sabotage/manipulation/subversion, not for a policy disagreement. s3.documentcloud.org/documen…
JUST IN: The 2nd Circuit has refused to take up en banc a 3-0 panel's rejection of ICE's no-bond detention policy.
In a concurrence, 6 judges call out President Trump's newest appointee for advising the administration on how to detain more people legally s3.documentcloud.org/documen…
Here's what that appointee, Judge Matthew Schwartz, wrote in his concurrence, proposing for the Trump administration "options to reduce prejudice to its position."
s3.documentcloud.org/documen…
Tonight’s state dinner guests at the White House with President Xi include:
•Chief Justice John Roberts,
•Jane Sullivan Roberts, Spouse
•Justice Amy Coney Barrett
•Jesse Barrett, Spouse
•Justice Brett Kavanaugh
•Ashley Estes Kavanaugh, Spouse
NEW: The Trump administration is asking SCOTUS to let it resume third-country deportations without the due process protections — like more than 24 hours notice and availability of fear-based challenges — ordered by lower courts.
w/ @joshgersteinpolitico.com/news/2026/09/24…
JUST IN: Trump admin goes to #SCOTUS again to preserve 3rd-country deportation program based on categorical determinations that receiving countries won't torture or persecute deportees. Unusual DOJ ask to KBJ to send admin stay request to full court.
Doc: documentcloud.org/documents/…
JUST IN: A federal judge has issued a permanent injunction upbraiding ICE for mass arrests that have strained detention facilities and forced detainees all over the country into "overcrowded, squalid, and degrading rooms for excessive periods of time" nysd.uscourts.gov/sites/defa…
JUST IN: Judge Kelly has ordered the Trump administration to address concerns by 12:30pm the WH /USSS is violating his order to restore media access to the White House.