What happened
The U.S. Supreme Court asked for supplemental briefing in a pending emergency application by President Donald Trump and other federal officials involving Illinois, directing the parties to address how the phrase “regular forces” should be read under 10 U.S.C. § 12406(3).
In a brief order, the Court said a stay application presented to Justice Amy Coney Barrett had been referred by her to the full Court. The justices then narrowed the next round of filings to whether the phrase refers to the regular forces of the U.S. military and, if so, how that interpretation affects the statute’s operation.
The Court set a tight schedule. Supplemental letter briefs may not exceed 15 pages and are due Nov. 10, 2025, while letter reply briefs may not exceed 10 pages and are due Nov. 17, 2025.
The order also allows amicus participation on the same timeline. Any amicus brief under Rule 37.4, whether addressing the statutory question or another aspect of the application, must be filed by Nov. 10, 2025.
The order does not resolve the stay request or explain the merits of the dispute. Its significance is procedural but potentially important: the justices have identified a specific statutory-interpretation question they want answered before deciding what to do with the emergency application.