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Chris Geidner

@chrisgeidner.bsky.social

2.4k Following327.5k Followers

Subscribe to www.lawdork.com for SCOTUS and other legal news. / [email protected] / Signal: crg.32 / About me: Sober. Queer. Bipolar. Theater. Buckeye. And, now, F1. (I'm as surprised as you are.) / He/him.

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@chrisgeidner.bsky.socialOct 11, 2026, 6:05 AM

OK. Sleep time. Night, all, and let us try to be good to one another — and ourselves.

@chrisgeidner.bsky.socialOct 11, 2026, 5:45 AM

Breaking news report is now up at Law Dork: www.lawdork.com/p/doj-does-n...

@chrisgeidner.bsky.socialOct 11, 2026, 5:45 AM

OK, I wrote this up at Law Dork: www.lawdork.com/p/doj-does-n...

@chrisgeidner.bsky.socialOct 11, 2026, 5:42 AM

BREAKING: DOJ does not defend legality of DHS’s pro-Trump propaganda ads in court. Instead, administration lawyers stated that the ads are ending Sunday and argued that, as such, there will be no irreparable harm if the plaintiffs don’t get an order blocking the ads. Overnight, at Law Dork:

@chrisgeidner.bsky.socialOct 11, 2026, 5:02 AM

Clarification note about the language here: Though Common Cause is the lead plaintiff, hence the name of the suit, the lawsuit doesn't seek the TRO in their name, but just in the names of a union and its PAC and an individual running for office.

@chrisgeidner.bsky.socialOct 11, 2026, 4:59 AM

no

@chrisgeidner.bsky.socialOct 11, 2026, 4:30 AM

This is only responding to the TRO/705 stay request, though, so your parenthetical is both correct as to the lawsuit and confuses me a little as to how you think that figures into this response.

@chrisgeidner.bsky.socialOct 11, 2026, 4:26 AM

Here's the declaration from the Senior Official Performing the Duties of the Chief Financial Officer at DHS about the buy ending and no more buys planned: storage.courtlistener.com/recap/gov.us...

Yeah, this isn't gonna cut it:

The Vendor has currently purchased media buys under the terms of the Order
through Sunday, October 11, 2026, at an approximate cost of $19,000,000. The Department has
2
Case 1:26-cv-08882-JLR
Document 38
Filed 10/10/26 Page 3 of 3
directed the Vendor not to make any additional media buys past October 11 and expects that the
Vendor will submit its final invoice for services performed under the Order after that date. Once
received, that invoice will be paid for services already performed under the Order.
Any residual funding left under the Order after October 11, 2026, after all invoices
have been paid, will be de-obligated.10. As of the date of this declaration and to the best of my knowledge and belief, the Department has no plans to make any additional media buys under the Order or to renew the Order
or otherwise use DHS appropriated funds on any similar contracts for the creation or distribution
of the media that is the subject of this lawsuit and referenced above. As it has routinely done in the past, the Department will continue to periodically use funds appropriated to the Department for the creation or distribution of media for recruitment purposes.
I declare under penalty of perjury that the foregoing is true and
correct. Executed on October 10, 2026.
HOLLY C
Digitally signed by HOLLY
C MEHRINGER
MEHRINGER
Date: 2026.10.10 12:18:40
-04'00'
HOLLY C. MEHRINGER
Senior Official Performing the Duties of the Chief Financial Officer,
U.S. Department of Homeland Security
@chrisgeidner.bsky.socialOct 11, 2026, 4:21 AM

Subscribe to Law Dork now to support my late-night independent legal journalism: www.lawdork.com

@chrisgeidner.bsky.socialOct 11, 2026, 4:20 AM

Common Cause's reply is almost certainly going to argue that DOJ did not defend on the merits, so they win as to likelihood of success, and they will likely argue that, as for irreparable harm, this amounts to voluntary cessation and a TRO/APA stay remains needed so the admin can't do this again.

@chrisgeidner.bsky.socialOct 11, 2026, 4:18 AM

Note: What DOJ had to file tonight was in response to a request for a temporary restraining order. This is not a response to the complaint in whole; it is opposing the TRO request. However, the likelihood of success on the merits is a part of that and generally argued in the opposition brief.

@chrisgeidner.bsky.socialOct 11, 2026, 4:13 AM

And, this is a TRO request.

@chrisgeidner.bsky.socialOct 11, 2026, 4:12 AM

DOJ also argues that the plaintiffs lack standing, and if one plaintiff has standing, venue is improper in SDNY because he's in Alabama. (Again, not merits.)

Plaintiffs’ motion also should be denied for the additional, independent reason that they
Case 1:26-cv-08882-JLR Document 37 Filed 10/10/26 Page 5 of 20
2
lack standing.1
 Plaintiffs assert standing under the “competitor advocate” theory, but they cannot
make the requisite showing that they compete “in the same arena with the party to whom the
government has bestowed the assertedly illegal benefit” so as to be “personally disadvantaged.” In
re U.S. Catholic Conference, 885 F.2d 1020, 1029 (2d Cir. 1989). Stated bluntly, the media
depictions of the President of which Plaintiffs complain do not “personally disadvantage” them
because they are not “personally compet[ing] in the same arena” with the party the media buys
purportedly benefit—President Trump. In addition, Plaintiffs acknowledge that their purported
injury is not redressable by this Court, demonstrating another reason why they lack standing.
Moreover, even if Plaintiffs could establish that Robert Hunter has standing, that would
not assist them because he resides in Alabama, the events relating to his alleged injury did not occur
in the Southern District of New York (“SDNY”), and Defendants do not reside in SDNY.
Accordingly, venue does not properly lie in SDNY for his claims. See 28 U.S.C. § 1391(e)(1);
Caremark Therapeutic Services v. Levitt, 405 F. Supp. 2d 454, 463-64 (S.D.N.Y. 2005)
@chrisgeidner.bsky.socialOct 11, 2026, 4:08 AM

BREAKING: In responding to one of two lawsuits challenging the legality of the Trump-praising DHS propaganda ads, DOJ tonight does not defend the ads on the merits — instead arguing that the ads are set to end on Sunday, so there will be no irreparable harm. storage.courtlistener.com/recap/gov.us...

PRELIMINARY STATEMENT
Plaintiffs' motion should be denied because the alleged improper final agency action of which they are complaining "run[ning] partisan political ads, funded by U.S. taxpayers," Plaintiffs' Brief in Support of Motion for a Temporary Restraining Order and Section 705 Stay (Pls. Br.") (ECF No. 26) at 1-will not continue past tomorrow, the date on which briefing on their motion for a TRO will close. As such, Plaintiffs cannot demonstrate that a TRO is necessary to prevent imminent irreparable harm to them from Defendants' future conduct.
@chrisgeidner.bsky.socialOct 11, 2026, 3:45 AM

As I said to someone else recently, I eagerly look forward to a time when I never need to think about Rahm or Gavin again. (I get that, as governor of California, that’s not an option right now as to Newsom.)

@chrisgeidner.bsky.socialOct 11, 2026, 3:40 AM

(5 more points for Kimi, the person in first for the drivers’ championship.)

@jackjenkins.meOct 10, 2026, 4:32 PMReposted by @chrisgeidner.bsky.social

One day after the U.S. Conference of Catholic Bishops and the National Association of Evangelicals came out against the Pentagon’s plan to livestream an execution, Pope Leo has published a tweet reiterating the Catholic Church’s opposition to the death penalty.

Pope Leo XIV • @Pontifex• •4h
X
The death penalty is inadmissible because it is an attack on the inviolability and dignity of the person. The common good can be safeguarded and the requirements of justice can be met without recourse to capital punishment: effective systems of detention have been developed that protect citizens while at the same time do not completely deprive those who are guilty of the possibility of redemption.
@chrisgeidner.bsky.socialOct 11, 2026, 2:06 AM

Another 5️⃣ for 🥇❗️

@chrisgeidner.bsky.socialOct 11, 2026, 2:04 AM

Lol. I love Max having to push back and be like, “No, I don’t count this as ‘winning’ here.”

@chrisgeidner.bsky.socialOct 11, 2026, 1:32 AM

I do love the ways that drivers come up with to tell their engineers to shut up. 🤭

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