Apparently, Sunday night is the new big news night. To keep us up to date on today's developments, it’s a rare Monday morning update. Late last night, Trump issued pardons. However, it’s an unusual list that leaves us reading tea leaves, because these aren’t individuals being prosecuted by the federal government or even people who are at risk of being prosecuted, given the current administration—those are the people who usually want and need a pardon. These pardons don’t apply to ongoing state prosecutions of fake slates of electors in places like Arizona and Nevada. These names still don’t appear on the White House’s official pardon list. News of the pardons came from a tweet made by Trump’s man at DOJ, Ed Martin. And it wasn’t subtle: “No MAGA left behind.”
The list names a cast of familiar characters, including Rudy Giuliani, Boris Epshteyn, John Eastman, Mark Meadows, Sidney Powell, Ken Chesebro, Michael Roman, Christina Bobb, Kelli Ward, and Jenna Ellis. They are all people who advanced Trump’s effort to claim victory after losing the 2020 election. But that’s not the full extent of it. The document Martin posted purports to be a broad pardon, akin to those following the Civil War that pardons everyone involved (although here, there is no requirement to take a loyalty oath to the United States as there was following the war). It’s part of Trump’s ongoing effort to rewrite the history of January 6 and the insurrection and a signal that anyone who serves him will be protected and rewarded. Late last night, the First Circuit rejected the administration’s request for a stay of a lower court order requiring it to make SNAP payments from emergency funds. That left the ball in the Supreme Court’s hands. Justice Jackson promptly issued a briefing schedule that requires both sides, as well as any amici, to file their briefs on the matter today. This proceeding is limited to the question of whether the district court’s order that the administration must proceed with November SNAP payments should be stayed (paused) while the lawsuit proceeds. The First Circuit panel made the stakes plain in its opinion: 42 million people, or one in every eight Americans, rely on these benefits to keep hunger at bay.
First thing Monday morning, Justice Jackson issued a briefing order requiring the DOJ to file its response to the First Circuit’s decision by 4:00 p.m. and giving the plaintiffs until 8:00 a.m. Tuesday morning to respond. The government is “the applicant” at this stage of the case.
Federal Law enforcement abuses in Chicago. The Justice Department filed a notice of appeal over Chicago federal Judge Sara Ellis’ preliminary injunction restricting the use of force against protesters and journalists. If you stop for just a moment and zoom out, the utter lunacy here comes into focus. The government is fighting for the right to use excessive force against peaceful protesters. Why not take the obvious position that while it disagrees with the Judge’s assessment of the facts, it intends to fully comply with the law regarding treatment of people exercising their First Amendment rights? But that is not the government’s view of the matter.
Finally, marriage equality is safe, at least for now. The Supreme Court issued its list of grants and denials on cases from Friday’s conference this morning. The case I wrote to you about last night, involving Kentucky court clerk Kim Davis, who objected to issuing marriage licenses to same sex couples, was on the denial list, so the Court will not hear Davis’ appeal. That means there were not four Justices who wanted to hear the case, which, as I mentioned, doesn’t have particularly attractive facts for undoing longstanding precedent. This denial doesn’t tell us anything about whether the Court might be interested in undoing gay Americans’ rights if the “right” case comes along. Last night, I started the newsletter by writing, “It’s going to be another blockbuster, high-stakes legal week. If you feel a bit overwhelmed, like I did Friday night at dinner when legal opinions were breaking out everywhere while I tried to have a meal with friends, remember that I’ll be here for you all week to try and keep things organized and understandable.” I didn’t expect it to be this soon, but the courts, for a change, are moving at lightning speed. Thank you for being here with me and reading Civil Discourse. We’re in this together, Joyce
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Monday, November 10, 2025
The Overnight News
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