SCOTUS Stays Third-Party Removal Injunction 40 Minutes After Reply Filed

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Cite

Blackman, J. (2026, September 30). SCOTUS Stays Third-Party Removal Injunction 40 Minutes After Reply Filed. Reason. https://reason.com/volokh/2026/09/30/scotus-stays-third-party-removal-injunction-40-minutes-after-reply-filed/

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

Reason · collected 2026-09-30 · by Josh Blackman

Quick Summary

On September 29, the Supreme Court granted an emergency stay blocking a Boston District Court order that halted third-country removals just 40 minutes after the Solicitor General filed its reply brief. The Court treated this application as a petition for certiorari and set arguments for December, addressing specific legal questions related to jurisdiction, authority of the district court, and legality of government guidance on third-country removals under various statutes.
Written by AI on 2026-09-30, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

The Trump administration asked the U.S. Supreme Court to allow it to continue swiftly deporting immigrants to third countries, different from their country of origin, after a federal appeals court blocked such deportations due to insufficient process protections for migrants. Attorney General Todd Blanche announced on X that the government would seek immediate relief from the high court, which previously allowed similar removals. Over 25,000 people have been deported under this policy since March 2025, with most sent to Mexico and others to more than two dozen countries. The administration argues these deportations are crucial for public safety, targeting individuals who pose a criminal threat or whose home countries refuse them entry. However, critics claim the policy lacks due process protections and targets those granted legal protection from deportation back to their home countries. On September 24th, the Supreme Court temporarily allowed the policy to continue while it considers full oral arguments in December, despite objections from Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

Written for “Third Country Deportations Policy” on 2026-10-31, grounded in this article and the 17 other(s) covering the same event.

Story

📰 Third Country Deportations Policy
Politics · 18 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads unscored and hedges 17% of its claims. Each row says how that neighbour differs.
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⚖️ Leans right Hedges 3 of 16 claims Outlet record 60/100
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Hedges 0 of 19 claims Outlet record 66/100
ABC News (US)
⚖️ Leans right Hedges 0 of 5 claims Outlet record 70/100
The Guardian
⚖️ Leans right Hedges 1 of 5 claims Outlet record 66/100
Washington Examiner
⚖️ Leans right Hedges 3 of 12 claims Outlet record 70/100
Toronto Star
⚖️ Leans right Hedges 0 of 2 claims Outlet record 64/100
Fox News
⚖️ Leans right Hedges 6 of 20 claims Outlet record 69/100
Al Jazeera
⚖️ Leans right Hedges 4 of 22 claims Outlet record 60/100
South China Morning Post
⚖️ Leans right Hedges 0 of 4 claims Outlet record 64/100
Washington Examiner
⚖️ Leans strongly right Hedges 3 of 45 claims Outlet record 70/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
29
sentences that state something as happening or true
Uncertain
17%
5 of 29 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
18
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-09-30 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1039 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
83 article(s) here · 1 carrying a prediction
🔮 Today the law firm of Weil Gotshal announced that it would wind down.
2026-10-28 · assertive framing · Farewell to Weil
🔮 And her unwillingness to participate in any disciplinary proceedings suggests something is amiss.
🔮 Longtime readers will recall that I took mileage runs to Singapore, Hong Kong, and Sydney to make status at the end of the year.
2026-10-28 · assertive framing · 1,000,000 Miles on United
🔮 Let's hope that people across the media industry will take Josh Blackman's criticism to heart.
2026-10-27 · assertive framing · The Wall Street Journal Praises The Old Gray Lady
🔮 New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.
2026-10-26 · assertive framing · Today in Supreme Court History: October 26, 1774
🔮 ] There have been many news reports suggesting that the United States Department of Justice may pursue denaturalization proceedings against Representative Ilhan Omar.
🔮 Nevertheless, the next two decades would vastly enlarge the president's powers as Congress' authority over the executive branch would be greatly diminished.
🔮 Justice Sotomayor, Justice Gorsuch, Justice Barrett, and Justice Jackson took no part in the consideration or decision of this petition.
🔮 The regulations for Freedmen schools in Texas provided that classes would begin at 9 A.M. and "[t]he morning Exercises will commence with either the singing of an appropriate hymn, or prayer, or the reading of the Scriptures."
🔮 Kyle asks: Well, I don't know how much coverage of the court you read, but you may not be surprised to learn that one light motif is that you are brooding figure.
Also by Josh Blackman
Farewell to Weil
2026-10-28 · Reason
1,000,000 Miles on United
2026-10-28 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 83 articles by Josh Blackman →

Topics

8 U. S. C. § Court Massachusetts the Boston District Court's the United States District Court

Subjects

Jackson PERSON · 8× Court ORG · 5× Department of Education ORG · 1× Kagan PERSON · 1× Massachusetts GPE · 1× Slaughter PERSON · 1× Sotomayor PERSON · 1× Trump PERSON · 1× the Boston District Court's ORG · 1× the United States District Court ORG · 1×

Narrative

About 40 minutes later, the Court issued a very detailed order granting a stay, treating the application as a cert petition, granting that petition, and setting the case for argument in December.
framing: assertive · carried by 1 article(s) · first seen 2026-09-30
🔮 That is, Jackson could have given a week or longer, but that delay would have triggered an administrative stay.

Claims (29 extracted, 5 hedged)

On September 24, the Solicitor General sought an emergency stay, as well as an administrative stay, of the Boston District Court's order blocking third-country removals. asserted
General → seek → removals
Justice Jackson promptly issued a schedule with the briefs due on September 28, but did not grant an administrative stay. asserted
Jackson → issue → stay
The Solicitor General, perhaps anticipating this denial, preemptively asked that the denied application should be referred to the full Court. asserted
application → anticipate → Court
At the time, I speculated that by virtue of Jackson's denial of the administrative stay, the case was effectively referred to the full court. asserted
case → speculate → court
Another theory a colleague suggested is that the Justices had already discussed the case, and the four-day briefing schedule was something of a compromise. uncertain
schedule → suggest → compromise
That is, Jackson could have given a week or longer, but that delay would have triggered an administrative stay. uncertain
delay → give → stay
To avoid that outcome, Jackson agreed to a shorter briefing schedule. asserted
Jackson → avoid → schedule
I suppose that's possible, but if Jackson was unwilling to vote for a stay, and knew there were five votes for a stay, what exactly would that compromise buy? asserted
compromise → suppose → what
In any event, the Court did not wait for Justice Jackson to formally refer the case to the Court. asserted
Jackson → wait → Court
On September 29 around 2:40 ET, the government filed its reply brief. asserted
government → file → brief
About 40 minutes later, the Court issued a very detailed order granting a stay, treating the application as a cert petition, granting that petition, and setting the case for argument in December. asserted
Court → issue → December
The Court also requested briefing on at least three specific questions presented: asserted
Court → request → questions
The application for stay presented to Justice Jackson and by her referred to the Court is granted. asserted
application → present → Court
The February 25, 2026 order and judgment of the United States District Court for the District of Massachusetts, case No. 1:25-cv-10676, are stayed. asserted
order → stay → Massachusetts
The application is also treated as a petition for a writ of certiorari, and the petition is granted. asserted
petition → treat → certiorari
The parties are directed to brief and argue the following questions: (1) Whether the district court had jurisdiction over Respondents' claims. uncertain
court → direct → claims
(2) Whether the district court had authority to enter classwide declaratory relief and APA vacatur under 8 U. S. C. §1252(f)(1). asserted
court → have → §
(3) Whether the Government's Guidance on third-country removals is unlawful under 8 U. S. C. §1231(b), the Due Process Clause, or FARRA/CAT and its implementing regulations. asserted
Guidance → implement → §
(4) Such other questions that the Government determines are appropriate for the proper disposition of the case. asserted
Government → determine → case
The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the December 2026 argument session. asserted
case → direct → session
The stay shall terminate upon the sending down of the judgment of this Court. asserted
stay → terminate → Court
Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application for stay. asserted
Sotomayor → deny → stay
The Justices did not need all of the briefing to grant this stay. asserted
Justices → need → stay
The die was cast as soon as the application was filed. asserted
application → cast → ?
Moreover, it is fairly rare for the Court poses specific questions presented after treating an application for a stay as a cert petition. asserted
Court → pose → petition
The Court took this path in Trump v. Slaughter (25A264), Department of Education v. Brown (22A489), and United States v. Texas (22A17). asserted
Court → take → Texas
The fourth proposed question is something I could not find in any other case: "Such other questions that the Government determines are appropriate for the proper disposition of the case." uncertain
Government → propose → case
The Court may be looking for other ways to dump this case. uncertain
Court → look → case
The interim docket continues to evolve. asserted
docket → continue → ?
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