A federal judge ordered the Trump administration to restore White House press passes for CNN, MS NOW and Politico for 14 days, finding the ban likely unconstitutional. The outlets have until Sept. 28 to seek a longer restoration.
The administration must respond to the outlets’ request by Oct. 2, and they may reply by Oct. 5. Temporary restraining orders are not typically appealable, while preliminary injunctions—which can remain in effect for the legal proceedings—generally are.
Judge Timothy Kelly addressed the outlets’ Fifth Amendment due-process arguments, not their First Amendment claim. Citing the 1977 Sherrill v. Knight precedent, he said the White House cannot arbitrarily deny press passes based on coverage after opening press facilities to media. White House spokeswoman Anna Kelly called the outlets’ criticism “performative outrage” and said an earlier decision to take control of the press pool expanded opportunities for new media.
