Josh Gerstein
@joshgerstein.bsky.social
Sr. Legal Affairs Reporter, @POLITICO
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. Signal: joshgerstein.46
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. Signal: joshgerstein.46
JUST IN: Catholic legal group asks #SCOTUS for emergency order blocking California law that limits what public school teachers can tell parents about gender dysphoria concerns or changed pronouns. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/03...
MirabelliSCOTUSApp010826
www.documentcloud.org
January 8, 2026 at 9:15 PM
JUST IN: Catholic legal group asks #SCOTUS for emergency order blocking California law that limits what public school teachers can tell parents about gender dysphoria concerns or changed pronouns. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/03...
JUST IN: 1st Circuit denies Trump admin's request for stay pending appeal in case blocking change to 340B drug rebate program. Blocked Trump initiative would make hospitals apply for rebates after rather than up-front discounts. Headed for #SCOTUS? Doc: www.documentcloud.org/documents/26...
AHAvKennedyDrugPricingCA1StayRlg010726
www.documentcloud.org
January 8, 2026 at 2:13 AM
JUST IN: 1st Circuit denies Trump admin's request for stay pending appeal in case blocking change to 340B drug rebate program. Blocked Trump initiative would make hospitals apply for rebates after rather than up-front discounts. Headed for #SCOTUS? Doc: www.documentcloud.org/documents/26...
Not at all the most important thing to happen today but for anyone being libeled by federal officials or their X accounts (could happen to you!) an important primer on why defamation law won't help
/2 Second, for DHS people and other Trump officials, they are likely protected because they are lying about the murder victim in their official capacity. Here’s how it works. The feds have sovereign immunity except to the extent they waive it. The waivers are limited…..
January 8, 2026 at 12:35 AM
Not at all the most important thing to happen today but for anyone being libeled by federal officials or their X accounts (could happen to you!) an important primer on why defamation law won't help
JUST IN: DOJ seeks to head off Jan. 28 oral argument at 2nd Circuit Appeals Court on Radar Online's longstanding #FOIA suit for Epstein probe records, says #SCOTUS rejection of Maxwell appeal/passage of Epstein files law changed case. Radar opposes remand www.documentcloud.org/documents/26...
MaxwellFOIARemand010726
www.documentcloud.org
January 7, 2026 at 10:48 PM
JUST IN: DOJ seeks to head off Jan. 28 oral argument at 2nd Circuit Appeals Court on Radar Online's longstanding #FOIA suit for Epstein probe records, says #SCOTUS rejection of Maxwell appeal/passage of Epstein files law changed case. Radar opposes remand www.documentcloud.org/documents/26...
NEW: Trump's effort to bend the federal criminal justice system to his will has led to a revival for a long-ridiculed check the founders deployed against prosecutorial overreach: the grand jury www.politico.com/news/2026/01...
Trump triggers a renaissance for grand juries
Grand juries have increasingly become a headache for prosecutors trying to advance controversial Trump policies.
www.politico.com
January 7, 2026 at 8:23 PM
NEW: Trump's effort to bend the federal criminal justice system to his will has led to a revival for a long-ridiculed check the founders deployed against prosecutorial overreach: the grand jury www.politico.com/news/2026/01...
SHOT: #SCOTUS denies Pittsburgh Post-Gazette owners' bid to strip newspaper employees of health insurance coverage www.supremecourt.gov/orders/court...
CHASER: PPG's owners close the paper after 240-year run x.com/bcrittmeyer/...
CHASER: PPG's owners close the paper after 240-year run x.com/bcrittmeyer/...
www.supremecourt.gov
January 7, 2026 at 8:08 PM
SHOT: #SCOTUS denies Pittsburgh Post-Gazette owners' bid to strip newspaper employees of health insurance coverage www.supremecourt.gov/orders/court...
CHASER: PPG's owners close the paper after 240-year run x.com/bcrittmeyer/...
CHASER: PPG's owners close the paper after 240-year run x.com/bcrittmeyer/...
JUST IN: Former DoD spokesperson and NBC DOJ correspondent Pete Williams backs NYT lawsuit over rules change that led most Pentagon reporters to turn in their press passes. Doc: www.documentcloud.org/documents/26...
WilliamsPentagonNYT010726
www.documentcloud.org
January 7, 2026 at 7:51 PM
JUST IN: Former DoD spokesperson and NBC DOJ correspondent Pete Williams backs NYT lawsuit over rules change that led most Pentagon reporters to turn in their press passes. Doc: www.documentcloud.org/documents/26...
JUST IN: New #FOIA suit seeks info on White House's effort (or lack of effort) to remediate asbestos dangers in East Wing demolition. Doc: storage.courtlistener.com/recap/gov.us...
Complaint – #1 in ASBESTOS DISEASE AWARENESS ASSOCIATION v. NATIONAL PARK SERVICE (D.D.C., 1:26-cv-00029) – CourtListener.com
COMPLAINT BY ASBESTOS DISEASE AWARENESS ASSOCIATION against NATIONAL PARK SERVICE et al ( Filing fee $ 405 receipt number ADCDC-12169904) filed by ASBESTOS DISEASE AWARENESS ASSOCIATION. (Attachments:...
storage.courtlistener.com
January 7, 2026 at 5:59 PM
JUST IN: New #FOIA suit seeks info on White House's effort (or lack of effort) to remediate asbestos dangers in East Wing demolition. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: Trump-appointed judge questions Lindsey Halligan's continued use of US Attorney authority and title in EDVA despite "binding" ruling that she was illegally appointed. Judge David Novak wants Halligan to explain in writing within 7 days. Doc: storage.courtlistener.com/recap/gov.us...
#16 in United States v. Jefferson (E.D. Va., 3:25-cr-00160) – CourtListener.com
ORDER (Directing Government Filing) - The Court hereby DIRECTS Ms. Halligan to file, within seven (7) days of the issuance of this Order, a pleading explaining the basis for Ms. Halligans identificati...
storage.courtlistener.com
January 7, 2026 at 4:23 AM
JUST IN: Trump-appointed judge questions Lindsey Halligan's continued use of US Attorney authority and title in EDVA despite "binding" ruling that she was illegally appointed. Judge David Novak wants Halligan to explain in writing within 7 days. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: Bayer sues Moderna, Pfizer and J&J for patent infringement over COVID vaccine mRNA technology. Docs: storage.courtlistener.com/recap/gov.us... storage.courtlistener.com/recap/gov.us... www.courtlistener.com/docket/72109...
Complaint – #1 in Bayer CropScience LLC v. Moderna, Inc. (D. Del., 1:26-cv-00012) – CourtListener.com
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Moderna US, Inc., Moderna, Inc., ModernaTX, Inc. ( Filing fee $ 405, receipt number ADEDC-4870893.) - filed by Bayer CropScience LLC, M...
storage.courtlistener.com
January 7, 2026 at 2:43 AM
JUST IN: Bayer sues Moderna, Pfizer and J&J for patent infringement over COVID vaccine mRNA technology. Docs: storage.courtlistener.com/recap/gov.us... storage.courtlistener.com/recap/gov.us... www.courtlistener.com/docket/72109...
JUST IN: Judge Noel Wise (Biden) leans in favor of @StanfordDaily suit over Trump admin's deportation campaign chilling foreign students' willingness to write op-eds/articles, says singling out pro-Palestinian voices may violate 1st Amd. Remedy tricky tho www.politico.com/newsletters/...
January 6, 2026 at 11:53 PM
JUST IN: Judge Noel Wise (Biden) leans in favor of @StanfordDaily suit over Trump admin's deportation campaign chilling foreign students' willingness to write op-eds/articles, says singling out pro-Palestinian voices may violate 1st Amd. Remedy tricky tho www.politico.com/newsletters/...
JUST IN: DOJ finally gets federal court indictment of DNC/RNC #jan6 pipe bomb planting suspect Brian Cole, likely ending fight over validity of switcheroo indictment obtained in DC Superior Court. Doc: storage.courtlistener.com/recap/gov.us...
Indictment – #39 in United States v. COLE (D.D.C., 1:26-cr-00001) – CourtListener.com
SUPERSEDING INDICTMENT as to BRIAN J. COLE, JR (1) count(s) 1s, 2s. (zmcg) (Main Document 39 replaced on 1/6/2026) (zmcg). (Main Document 39 replaced on 1/6/2026) (zmcg). (Main Document 39 replaced on...
storage.courtlistener.com
January 6, 2026 at 9:17 PM
JUST IN: DOJ finally gets federal court indictment of DNC/RNC #jan6 pipe bomb planting suspect Brian Cole, likely ending fight over validity of switcheroo indictment obtained in DC Superior Court. Doc: storage.courtlistener.com/recap/gov.us...
Reposted by Josh Gerstein
New from the 1st Circuit: Trump administration cannot slash NIH research funding, court rules - www.reuters.com/world/trump-...
Trump administration cannot slash NIH research funding, court rules
A federal appeals court on Monday ruled that U.S. President Donald Trump's administration cannot carry out steep cuts to federal grant funding provided by the National Institutes of Health to universi...
www.reuters.com
January 5, 2026 at 10:43 PM
New from the 1st Circuit: Trump administration cannot slash NIH research funding, court rules - www.reuters.com/world/trump-...
JUST IN: First Lady Melania Trump seeks to dismiss lawsuit filed in NYC by journalist Michael Wolff, will move to transfer to Southern Florida if not dismissed. Doc: www.documentcloud.org/documents/26...
MelaniaMTDCOV010526.PDF
www.documentcloud.org
January 6, 2026 at 3:52 AM
JUST IN: First Lady Melania Trump seeks to dismiss lawsuit filed in NYC by journalist Michael Wolff, will move to transfer to Southern Florida if not dismissed. Doc: www.documentcloud.org/documents/26...
JUST IN: Kilmar Abrego Garcia's attorneys tell judge he won't appeal immigration court's Dec. 11 deportation order, that order isn't enforceable because it doesn't designate a viable country, & he can't be detained now because he was already held >6 mos storage.courtlistener.com/recap/gov.us...
#130 in Abrego Garcia v. Noem (D. Maryland, 8:25-cv-02780) – CourtListener.com
RESPONSE re 129 Response, to the Government's December 30 Submission filed by Kilmar Armando Abrego Garcia.(Cooper, Jonathan) (Entered: 01/05/2026)
storage.courtlistener.com
January 6, 2026 at 1:52 AM
JUST IN: Kilmar Abrego Garcia's attorneys tell judge he won't appeal immigration court's Dec. 11 deportation order, that order isn't enforceable because it doesn't designate a viable country, & he can't be detained now because he was already held >6 mos storage.courtlistener.com/recap/gov.us...
DOUBLE CHECKED THIS ONE: Trump DOJ sides with journalists' union & against @pittsburghPG in #SCOTUS fight over health care benefits. Doc: www.documentcloud.org/documents/26...
PG Publishing opp
www.documentcloud.org
January 5, 2026 at 10:13 PM
DOUBLE CHECKED THIS ONE: Trump DOJ sides with journalists' union & against @pittsburghPG in #SCOTUS fight over health care benefits. Doc: www.documentcloud.org/documents/26...
ODD DOINGS:Judge grants motion by 4 NH voters repped by @marcelias.bsky.social to intervene in Trump admin lawsuit demanding NH voter rolls data. DOJ filed 21p brief opposing storage.courtlistener.com/recap/gov.us... 10 days later dropped obj w/o explanation storage.courtlistener.com/recap/gov.us...
Memorandum in Opposition to Motion – #19 in United States v. NH Secretary of State (D.N.H., 1:25-cv-00371) – CourtListener.com
MEMORANDUM in Opposition re 6 MOTION to Intervene as Other filed by USA. Follow up on Reply on 12/12/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d)...
storage.courtlistener.com
January 5, 2026 at 9:55 PM
ODD DOINGS:Judge grants motion by 4 NH voters repped by @marcelias.bsky.social to intervene in Trump admin lawsuit demanding NH voter rolls data. DOJ filed 21p brief opposing storage.courtlistener.com/recap/gov.us... 10 days later dropped obj w/o explanation storage.courtlistener.com/recap/gov.us...
JUST IN: 9th Circuit denies en banc review of judge's order that Trump admin hand over agency firing/RIF plans. 5 judges dissent: Bumatay, R. Nelson, VanDyke, Tung (all Trump) & Callahan (GWBush). Opn: cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov
January 5, 2026 at 6:41 PM
JUST IN: 9th Circuit denies en banc review of judge's order that Trump admin hand over agency firing/RIF plans. 5 judges dissent: Bumatay, R. Nelson, VanDyke, Tung (all Trump) & Callahan (GWBush). Opn: cdn.ca9.uscourts.gov/datastore/op...
NEW: Meet Alvin Hellerstein, a 92-year-old Clinton appointee overseeing criminal case against deposed Venezuelan President Nicolas Maduro. The 'old-school' judge, known for an unorthodox, even stubborn approach, can be tough on lawyers. w/ @eorden.bsky.social www.politico.com/news/2026/01...
92-year-old judge handling Maduro case ‘doesn’t give a s--t what anyone thinks about him’
Lawyers who have practiced before the Clinton appointee say he’s known to operate a bit differently.
www.politico.com
January 5, 2026 at 6:39 PM
NEW: Meet Alvin Hellerstein, a 92-year-old Clinton appointee overseeing criminal case against deposed Venezuelan President Nicolas Maduro. The 'old-school' judge, known for an unorthodox, even stubborn approach, can be tough on lawyers. w/ @eorden.bsky.social www.politico.com/news/2026/01...
NEW: Comey mocks DOJ prosecutors for misspelling "Virginia" and "Attorney" in court filings in his since-dismissed criminal case jamescomey.substack.com/p/january-4-...
January 4, 2026—On 2026
Former government person, author, teacher, father, grandfather. Tall and really quite funny.
jamescomey.substack.com
January 5, 2026 at 3:54 AM
NEW: Comey mocks DOJ prosecutors for misspelling "Virginia" and "Attorney" in court filings in his since-dismissed criminal case jamescomey.substack.com/p/january-4-...
Looks like a variant of what conservatives have long decried as a collusive "sue and settle." Also the consent decree has not been approved by the judge yet. @ACLUVA is seeking to block it on behalf of so-called dreamers. Doc: www.documentcloud.org/documents/26... Judge Robert Payne (GHWBush)
January 2, 2026 at 5:53 AM
Looks like a variant of what conservatives have long decried as a collusive "sue and settle." Also the consent decree has not been approved by the judge yet. @ACLUVA is seeking to block it on behalf of so-called dreamers. Doc: www.documentcloud.org/documents/26... Judge Robert Payne (GHWBush)
(NOT) DEVELOPING OVERNIGHT: 1st Circuit blows off Trump admin demand for order by 12/31 midnight allowing it to proceed with new prescription drug price negotiation program halted by federal judge. DOJ motion:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
#00108385034 in American Hospital Association v. Kennedy (1st Cir., 25-2236) – CourtListener.com
EMERGENCY MOTION to stay injunction pending appeal and for administrative stay filed by Appellants Thomas J. Engels, Health Resources & Services Administration, Robert F. Kennedy, Jr., United States D...
storage.courtlistener.com
January 1, 2026 at 6:05 PM
(NOT) DEVELOPING OVERNIGHT: 1st Circuit blows off Trump admin demand for order by 12/31 midnight allowing it to proceed with new prescription drug price negotiation program halted by federal judge. DOJ motion:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
JUST IN: Abrego Garcia lawyers press TN fed judge to sanction feds for alleged gag order violations, ding DHS spokesperson for Tweet calling out Abrego Garcia TikTok video. Doc:
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
AbregoGag123125.PDF
www.documentcloud.org
January 1, 2026 at 5:55 PM
JUST IN: Abrego Garcia lawyers press TN fed judge to sanction feds for alleged gag order violations, ding DHS spokesperson for Tweet calling out Abrego Garcia TikTok video. Doc:
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
JUST IN: Chief Justice Roberts' 2025 report not too newsy, extols Declaration of Independence & courts' role as "counter-majoritarian check on the political branches." Foreshadowing looming rulings on Trump cases? Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
December 31, 2025 at 11:01 PM
JUST IN: Chief Justice Roberts' 2025 report not too newsy, extols Declaration of Independence & courts' role as "counter-majoritarian check on the political branches." Foreshadowing looming rulings on Trump cases? Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
CATCHING UP: After #SCOTUS snubs Trump over National Guard deployment in Illinois, DOJ tersely drops request to 9th Circuit to immediately allow Guard troops under Trump's control back on L.A. streets. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/12...
NewsomvTrumpMTStayWD123025
www.documentcloud.org
December 31, 2025 at 7:00 PM
CATCHING UP: After #SCOTUS snubs Trump over National Guard deployment in Illinois, DOJ tersely drops request to 9th Circuit to immediately allow Guard troops under Trump's control back on L.A. streets. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/12...