Legal desks watch Full Court path on 26A406 stay
Reason argues Justice Jackson should send the 26A406 stay fight to the Full Court after denying an immediate administrative stay. The docket still shows Monday's response deadline as the next step.
Legal watchers are still tracking whether Justice Ketanji Brown Jackson will refer emergency application 26A406 to the Full Court after denying an immediate administrative stay. Monday's response deadline remains the next public beat on the Supreme Court docket.
Reason's Volokh Conspiracy argued that because Jackson denied the government's request for an instant administrative stay in the third-country removal case Department of Homeland Security v. D.V.D., the application should go to the Full Court now rather than sit on a circuit-justice clock alone. The public docket shows respondents were ordered to respond by Sept. 28. SCOTUSblog's September update says the Trump administration is again urging the justices to allow deportations to third-party countries while the underlying notice-and-process fight continues in the lower courts.
No Saturday order changed that clock. Immigration advocates prepare to argue that noncitizens need notice and a meaningful chance to contest removal to a third country that may not be their homeland; DHS counsel argue delay blocks lawful removals and invites forum shopping across districts. Any Full Court referral would be a separate procedural step, not automatic from the administrative-stay denial. Primary records live on the Supreme Court's docket page; Reason and SCOTUSblog interpret timing and leverage, not a final merits ruling on the removal rules themselves. Until that response arrives, lower-court third-country removal orders remain the practical constraint on DHS operations in the covered cases.
Accounts agree Monday's response is the next dated procedural step. They differ on how quickly a Full Court referral or further stay action could follow once the response lands.
Where outlets agree Reason, the U.S. Supreme Court docket, and SCOTUSblog agree Monday's response deadline remains the next procedural beat on application 26A406 after Justice Jackson denied an immediate administrative stay.
Where they differ Reason urges prompt Full Court referral; SCOTUSblog's update focuses on the administration's renewed push to allow third-country removals and does not treat a Full Court referral as already decided.