Statutory Sequencing
DHS must first attempt removal to countries class members have designated or of which they are nationals.
September 14–20, 2026 · Sunday Edition · Constitution Week · 44 days to midterms
No. 26A305 · Stay denied · Sep 14, 2026 · Referred from Justice Jackson
Forty-four days before the November 3 midterms, the Supreme Court refused to let the Postal Service enforce barcode tracking, portal registration, and standardized envelope requirements on federal ballot mail — leaving Judge Talwani's preliminary injunction in place and splitting the justices over whether timing or merits should govern election-administration emergencies.
Sources: SCOTUS — 26A305 order · SCOTUSblog — Amy Howe
Shadow Docket · Sep 14
The per curiam order found the government unlikely to succeed on the merits and that equitable factors disfavored a stay. Justice Kavanaugh concurred that the rule likely falls within the Postal Service's statutory authority under 39 U.S.C. § 401(2) — but that implementing it before November would be arbitrary and capricious under the APA because states lack time to comply. Justice Alito, joined by Justice Thomas, dissented: some plaintiffs lack standing, and the government has shown the factors necessary for a stay.
Merits unlikely · Equities disfavor stay
Statutory authority likely · APA timing bars 2026 rollout
Standing defects · Stay factors satisfied
"Applying the rule in the 2026 elections would be arbitrary and capricious in violation of the Administrative Procedure Act because state and local election officials do not have sufficient time to reasonably implement the rule before the elections."
Justice Brett Kavanaugh, concurring · Postal Service v. California, No. 26A305
Source: SCOTUS slip op. Sep 14, 2026
Senate · Roll Call 234 · Sep 15
The Senate voted 49–50 to reject cloture on the motion to proceed to H.R. 3633, the Digital Asset Market Clarity Act — eleven votes short of the 60 needed and one vote short of a simple majority. The bill, which passed the House 294–134 in July 2025, would have divided digital-commodity oversight between the SEC and CFTC and barred Federal Reserve banks from offering retail CBDC products. Four Republicans — Collins, Hawley, Moran, and Tillis — joined all voting Democrats in opposition; Senator Coons was absent.
Sources: Senate Roll Call 234 · H.R. 3633 — Congress.gov
E.D. Va. · Sep 16
The Justice Department's Antitrust Division secured substantial behavioral relief in its advertising-technology monopolization case. Judge Leonie Brinkema ordered Google to integrate AdWords with rival and open-source products including Prebid, prohibited self-preferencing in ad auctions, and imposed interoperability and data-sharing requirements — rejecting Google's argument that remedies could not touch its "golden goose" search-ad platform.
Source: DOJ — Sep 16 press release
EPA Rule · 89 Fed. Reg. 39,254
TSCA § 6 risk management rule nearly eliminating commercial MC uses — paint removers, EV battery coolants, furniture refinishing solvents.
5th Cir. · Sep 15, 2026
Unanimous panel (Jones, Higginbotham, Southwick) held EPA erred in defining "unreasonable risk" chemical-wide rather than by conditions of use, and failed to account for workplace PPE.
East Fork Enterprises, Inc. v. EPA, Nos. 24-60227 & 24-60256, limits how EPA may structure future TSCA § 6 rules — a framework with implications for every post-2022 chemical risk determination and Section 21 petition reviews.
Sources: 5th Cir. opinion · Sidley EHS Brief
DHS must first attempt removal to countries class members have designated or of which they are nationals.
Class members receive notice of the specific third country before removal is executed.
Meaningful opportunity to raise persecution or torture claims regarding the proposed third-country destination.
1st Cir. · Sep 18, 2026
The First Circuit largely affirmed a class-wide judgment constraining DHS's March–July 2025 third-country removal policy. The court held the Guidance unlawful under the APA for bypassing statutory sequencing requirements and failing to provide adequate notice and fear-based review — while vacating one declaration on standing grounds. DHS had argued the policy merely clarified existing removal authority; the panel disagreed, setting aside the Guidance to the extent it authorized non-compliant removals.
Source: 1st Cir. — Sep 18, 2026
Amendment at Issue
OLC Opinion · Sep 18, 2026
The Justice Department's Office of Legal Counsel concluded that 18 U.S.C. § 922(b)(1) and § 922(c)(1) — which bar federally licensed dealers from selling handguns to adults under 21 — cannot be criminally enforced against dealers who sell to otherwise law-abiding 18-to-20-year-olds. Applying the post-Bruen framework from Wolford v. Lopez, OLC found no Founding-era tradition of disarming legal adults and noted militia statutes required service from age 18 with personally furnished arms.
Source: DOJ — Sep 18 press release
SEC · Exchange Act § 36 · Sep 17
The SEC issued two five-year conditional exemptions under Exchange Act § 36(a)(1) permitting permissioned venues to facilitate trading of tokenized National Market System stocks through automated market makers and liquidity pools — without registering as national securities exchanges or dealers, subject to investor-protection conditions. Release No. 34-106402 took effect immediately; the Commission simultaneously requested comment on all aspects of the exemption framework.
Prior Framework
Tokenized stock trading required exchange or ATS registration; liquidity providers faced dealer registration.
Innovation Exemption
Conditional relief for AMM liquidity pools trading Tokenized NMS Stock on distributed ledgers, with ongoing SEC oversight.
Sources: SEC Press Release 2026-170 · Sullivan & Cromwell memo
Follow-up · No. 26A308
Three days after denying the USPS stay, the Court received the government's reply brief in the parallel SAVE-database dispute. DHS seeks to pause Judge Sooknanan's June 22 order barring use of the overhauled Systematic Alien Verification for Entitlements system — which now incorporates SSA citizenship data, Social Security numbers, and bulk queries. Challengers filed their opposition September 15, calling the system an "error-laden master citizenship database." As of Sunday, the justices have not ruled on the stay application.
Sources: SCOTUSblog docket · SCOTUSblog — opposition brief
Follow-up · 8th Cir. No. 26-2797 · Sep 17
The Eighth Circuit heard expedited arguments over which congressional map Missouri will use in November — even though the Supreme Court's September 10 stay already restored the 2022 districts. Missouri Solicitor General Lou Capozzi argued the Elections Clause forbids referendum suspensions of legislatively enacted maps; intervenor Chuck Hatfield countered that ballots are already printing and the court should not interfere. The panel took the case under advisement with no same-day ruling; Capozzi identified September 22 as the TRO expiration date.
Sources: 8th Cir. — oral argument notice · KCTV5 — Sep 17 coverage
DOJ · Sep 18, 2026
The Justice Department revised the Justice Manual to reinstate and expand its 2017 policy that sub-regulatory guidance cannot create legal obligations beyond statute or regulation — and to clarify when the Department will seek dismissal of qui tam actions after declining intervention. The changes direct prosecutors to revisit dismissal assessments during litigation and prioritize dismissing suits lacking legal or factual merit.
Source: DOJ — Sep 18 press release
State Highlight · Texas
Senior Justice Department officials are considering joining Texas's state-led antitrust lawsuit against BlackRock and State Street — two of the world's largest asset managers — according to Bloomberg reporting. No final decision has been made; the Department could elect to take no action. The potential intervention would mark a significant federal escalation in state-level challenges to index-fund concentration and proxy-voting power.
Source: Bloomberg — Sep 18
Chief Judge Clark's temporary restraining order in Onder v. Missouri expires; 8th Circuit decision may follow.
Government reply filed Sep 16 in DHS v. League of Women Voters, No. 26A308 — stay ruling could come any day.
Absentee ballots begin mailing as election-administration litigation continues on multiple shadow-docket fronts.
Initial comment period on tokenized NMS stock exemptions under Release No. 34-106402.
Federal fiscal year opens; justices return from summer recess with October oral arguments beginning October 13.
Agency must begin remand proceedings after East Fork vacatur; industry petitioners may seek stays of vacatur.
First scheduled oral arguments of OT 2026; Genalo v. Black dismissed, leaving six arguments on the October calendar.
44 days remain for courts to resolve remaining ballot-administration disputes before November 3.