A unanimous panel of the Fourth Circuit on Tuesday upheld a lower court’s preliminary injunction blocking the Department of Homeland Security from enforcing a new policy granting officers greater discretion to enforce federal immigration laws at or near places of worship. The injunction’s scope is limited to the plaintiffs’ religious sites. (Opinion.) (CBS News.) For background, see a previous Roundup.

Judge Brian E. Murphy (D. Mass.) on Tuesday lifted an administrative stay blocking the Trump administration from terminating Ethiopia’s Temporary Protected Status designation. Judge Murphy dismissed plaintiffs’ Administrative Procedure Act, procedural due process, and ultra vires claims but allowed their claim challenging the termination under the Fifth Amendment’s Equal Protection Clause to proceed. (Order.) (CNN.)

The government of Liberia announced on Tuesday that it would accept 1,200 third-country deportees from the United States over the next year, with “the first batch of 20 individuals” expected to arrive on Thursday. (Statement.) (NYT.)

The New York Times reported on Tuesday that President Trump has installed allies in the offices of inspector general who have focused their investigations on allegations of fraud at the state level instead of scrutinizing federal agencies within the Trump administration. (NYT.)

The New York Times also reported on Wednesday that President Trump is expected to nominate White House domestic policy official Dr. Heidi Overton to serve as the next commissioner of the Food and Drug Administration. (NYT.)

Following reports that the Justice Department has empaneled a special grand jury in Washington, D.C., Anna Bower offered a legal primer on special grand juries, though she noted that this special grand jury’s task “remains a mystery.” (Lawfare.)

Elie Honig argued that an attempt by President Trump to fabricate a national emergency to seize the November midterm elections would “wreak chaos and maybe worse” but legally “won’t work.” (Stay Tuned.)

Emile Ayoub and Hannah James argued that the Department of Homeland Security’s use of administrative subpoenas to acquire personal information of critics of the Trump administration’s immigration policies highlights the obsolete nature of Fourth Amendment doctrine. (Just Security.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.” The government filed a supplemental brief on August 12 to “inform the Court of a recent order in a parallel case” and the states responded the same day.

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

National Park Service v. National Trust for Historic Preservation: The government filed an application on August 13 requesting the Supreme Court to stay a district court injunction blocking further construction of the White House ballroom. The National Trust for Historic Preservation filed its response on August 18.

A three judge panel of the Ninth Circuit on Monday affirmed a lower court ruling disqualifying the acting U.S. Attorney for the District of Nevada, Sigal Chattah, from supervising cases against defendants who challenged their prosecutions on grounds that Chattah’s appointment was legally defective. The panel held that under the Federal Vacancies Reform Act of 1998, the Attorney General may not appoint an acting U.S. attorney by designating that person as first-assistant to an already-vacant office. The Trump administration said it would appeal the decision. (Opinion.) (NYT.)

Judge Theodore D. Chuang (D. Md.) on Monday held that the General Services Administration and the Federal Bureau of Investigation violated the Administrative Procedure Act by abandoning plans to relocate the FBI’s headquarters to Maryland and repurposing hundreds of millions of dollars in associated funds. (Opinion.) (NYT.) (WaPo.)

Four counties and cities filed a lawsuit on Monday in the U.S. District Court for the District of Columbia challenging the Department of Homeland Security and Federal Emergency Management Agency’s conditioning of homeland security grants on localities adopting mandatory changes to their election procedures. (Complaint.)

The Justice Department intends to deploy roughly 1,000 monitors to polling sites across the country in November to promote security in the midterm elections. (Bloomberg.) (WaPo.)

The Justice Department issued a final rule on Monday that sets forth a process for individuals with felony convictions to apply to have their gun rights reinstated. (Press Release.) (Rule.) (WSJ.)

Orin S. Kerr discussed the legality of a government program announced by President Trump last week that would allow United States companies to conduct cyber operations against foreign criminal organizations. (Volokh Conspiracy.)

Steve Vladeck argued that the Fifth Circuit’s dismissal of an appeal challenging the president’s invocation of the Alien Enemies Act “drives home how much the government had already lost.” (One First.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.” The government filed asupplemental brief on August 12 to “inform the Court of a recent order in a parallel case” and the states responded the same day.

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

National Park Service v. National Trust for Historic Preservation: The government filed an application on August 13 requesting the Supreme Court to stay a district court injunction blocking further construction of the White House ballroom. On August 14, the Chief Justice requested a response by 12 p.m. on August 18.

Chief Justice John Roberts on Friday requested a response by noon on Aug. 18 to the government’s application to stay the injunction blocking construction of the White House ballroom. The application describes the project as an “integrated military complex” which is “vitally required by national security.” (Application.) (Docket.) For background, see a previous Roundup.

The Sixth Circuit on Friday declined to rehear en banc United States v. Benson, leaving in place a June ruling that the Civil Rights Act of 1960 does not entitle the Justice Department to Michigan’s unredacted voter registration list. Judge Murphy concurred in the denial, reading the panel opinion to rest on “curable procedural problems” that a new demand letter could fix. (Sixth Circuit Order.) Judge Anne R. Traum (D. Nev.) dismissed a parallel suit against Nevada’s secretary of state the same day, the department’s 22nd district court loss in a campaign against 30 states that has produced no wins. (Nevada Order.) (Democracy Docket.)

Judge Anthony J. Trenga (E.D. Va.) on Friday entered an administrative stay barring the American Association of Motor Vehicle Administrators from producing 17 million commercial driver’s license records to the Department of Homeland Security. Twenty-one states, the District of Columbia, and Pennsylvania’s governor moved to quash the subpoena. (Order.)

Attorney General Todd Blanche on Sunday declined to pledge that the Justice Department will always act independently of the White House. “No, I’m not going to pledge that, and no attorney general should ever pledge that,” Blanche said on NBC’s Meet the Press. (Meet the Press.) (WaPo.)

President Trump on Sunday said he has “instructed Secretary of War, Pete Hegseth, to substantially reduce the Joint Military Exercises” with South Korea. Trump wrote that the drills send a signal that is “totally inappropriate and hostile” to North Korea, which he called “unthreatening and respectful.” (Truth Social.) (NYT.)

Alison Hirsh and Justin Florence of Protect Democracy argued that state attorneys general and district attorneys should investigate and prosecute the corruption the Justice Department will not. (Just Security.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.” The government filed a supplemental brief on August 12 to “inform the Court of a recent order in a parallel case” and the states responded the same day.

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

National Park Service v. National Trust for Historic Preservation: The government filed an application on August 13 requesting the Supreme Court to stay a district court injunction blocking further construction of the White House ballroom. On August 14, the Chief Justice requested a response by 12 p.m. on August 18.

The en banc U.S. Court of Appeals for the Fifth Circuit dismissed for lack of jurisdiction an appeal in a case filed by three Venezuelan nationals, on behalf of themselves and a putative class, challenging the president’s proclamation invoking the Alien Enemies Act and directing the removal from the United States of certain Venezuelan citizens who are members of Tren de Aragua. (Opinion.) (NYT.)

Judge Richard G. Stearns (D. Mass.) on Thursday dismissed the Justice Department’s lawsuit against Harvard University for allegedly violating Title VI of the 1964 Civil Rights Act by failing to respond adequately to certain antisemitic incidents on campus. (Memorandum and Order.) (NYT.)

President Trump on Wednesday issued a memorandum directing the National Coordination Center to establish a program authorizing certain private-sector companies “to conduct Cyber Surveillance Operations and Cyber Effects Operations against foreign Cyber-Enabled Transnational Criminal Organizations,” subject to the administration’s control and oversight. (Memorandum.) (NYT.)

The solicitor general on Friday asked the Supreme Court to stay the U.S. District Court for the District of Columbia’s injunction blocking construction of the White House ballroom. (Application.) (WaPo.)

Attorney General Todd Blanche gave a speech to the Justice Department in which he promised to “lead with integrity” and “uphold the law without fear or favor,” and welcomed “disagreement.” (Speech.) (Politico.)

Newly released court documents show that the Department of Homeland Security investigated an array of left-leaning organizations in Minnesota after immigration officers fatally shot Alex Pretti. The New York Times reported that none of the organizations has been charged. (NYT.)

Casey Michel argued that the 120th Congress should establish a select committee tasked with “investigating the corruption of the Trump family and focusing, at least initially, on the second-generation members of the family who have managed to profit so spectacularly from their proximity to power.” (Just Security.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.” The government filed a supplemental brief on August 12 to “inform the Court of a recent order in a parallel case” and the states responded.

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

National Park Service v. National Trust for Historic Preservation: The government filed an application on August 14 requesting the Supreme Court to stay a district court injunction blocking further construction of the White House ballroom.

The Intercept and Freedom of the Press Foundation filed a lawsuit in the U.S. District Court for the Southern District of New York on Wednesday challenging President Trump’s decision to charge Truth Social users a fee of up to $100,000 for early access to certain posts by the president and other government officials on the platform. (Complaint.) (NYT.)

The Justice Department’s Office of Legal Counsel issued an opinion on Wednesday concluding that “[c]ertain race- and sex-based programs administered by the National Science Foundation violate the Constitution’s equal-protection guarantee.” (Opinion.)

The Treasury Department’s Financial Crimes Enforcement Network on Tuesday issued a final rule that “permanently removes the requirement for U.S. companies and U.S. persons to report beneficial ownership information to FinCEN under the Corporate Transparency Act.” (Press Release.) (Final Rule.) (NYT.)

ICE plans to purchase “gloves that can deliver electric shocks” for Homeland Security Investigations and Enforcement Removal Operations officers and agents. (NYT.) (Notice.)

Joe Lancaster argued that the litigation over the construction of the White House ballroom could “make courts rethink” the deference they typically give the executive branch on national-security matters. (Reason.)

Roger Parloff argued that recent court filings documenting the FBI’s effort to find evidence that James Comey knew “86” meant “to kill” reinforce that the case against Comey is a “shameful and vindictive prosecution, in which high-level Justice Department officials are plowing ahead against all credible evidence to punish an enemy of the president.” (Lawfare.)

Bill Shipley argued that the lawsuits challenging Executive Order 14,399, which concerns mail-in ballots, are “more complicated tha[n] most understand.” (Shipwreckedcrew.)

Yuvraj S. Tuli argued that district court decisions enjoining the executive orders targeting law firms and Anthropic’s designation as a supply chain risk suggest a way to reconcile “an unresolved tension” between Trump v. Hawaii and Department of Commerce v. New York. (Just Security.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.” The government filed a supplemental brief on August 12 to “inform the Court of a recent order in a parallel case” and the states responded.

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

Judge Indira Talwani (D. Mass.) on Tuesday granted a renewed motion for a preliminary injunction blocking enforcement of President Trump’s executive order seeking to curtail voting by mail. Judge Talwani stated that her order preserved the “electoral status quo” now “where less than 90 days pend before the midterms and the millions of citizens who rely on mail voting require clarity as to how or whether they will vote in November.” (Memorandum & Order.) (AP.)

Attorneys for plaintiffs who prevailed in Trump v. Barbara filed a motion on Tuesday in the U.S. District Court for the District of New Hampshire requesting the court clarify that President Trump’s Aug. 6 executive order seeking to narrow birthright citizenship violates the court’s preliminary injunction that was affirmed by the Supreme Court. (Motion.) (SCOTUSBlog.) For background on the executive order, see a prior Roundup.

Judge Joan Ericksen (D. Minn.), the chief judge of the Alien Terrorist Removal Court, on Monday canceled the respondent’s release hearing that was scheduled for the following day, citing the need for further briefing on the respondent’s motion to compel discovery. (Order.) For background on the government’s case, see a prior Roundup.

Judge Eric C. Tostrud (D. Minn.) on Monday granted in part federal government agencies’ motion to dismiss a lawsuit brought by Minnesota that sought to block the Trump administration from prohibiting transgender women from participating in sports under Title IX. (Opinion and Order.)

The Justice Department on Monday brought lawsuits against New York, Connecticut, and Vermont, challenging state laws that provide in-state tuition assistance to undocumented immigrants. (Press Release.) (CT Complaint.) (VT Complaint.)

The U.S. Department of State announced on Monday that since the start of the second Trump administration it has revoked more than 175,000 visas from foreign nationals who committed crimes or endangered public safety. (Press Release.) (NYT.)

Jonathan Shaub argued that the “precedents set in the pursuit of Fauci could come back to haunt Republicans or possibly tee up even more politically motivated retribution campaigns in the next Congress.” (Lawfare.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.”

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

The Justice Department’s Office of Legal Counsel released an opinion on Monday concluding that executive privilege may extend to the president’s private advisers who do not work in the executive branch. (Opinion.)

Judge Nicholas G. Garaufis (E.D.N.Y.) on Monday granted the Justice Department’s motion to dismiss an indictment against Indian billionaire businessman Gautam Adani on charges including conspiracy to violate the Foreign Corrupt Practices Act. While noting that “irregularities in the decision to dismiss the Indictment are concerning,” Judge Garaufis ultimately determined that, based on the evidence before the court, the defendant’s pledge to invest $10 billion in the United States was a “non-consideration” in the Justice Department’s decision to seek a dismissal. (Memorandum & Order.) (NYT.)

President Trump on Monday signed an executive order recommending children receive immunizations against fewer diseases than the Centers for Disease Control and Prevention currently recommends. The order also directs the Attorney General to support legal challenges to state laws that fail “to provide religious and medical exemptions from childhood and adolescent immunization requirements.” (Executive Order.) (NYT.)

The Trump administration’s expansion of U.S. Immigration and Customs Enforcement’s mandatory detention policy has triggered tens of thousands of emergency lawsuits nationwide and strained the federal judiciary, according to an analysis by Politico. (Politico.)

Steve Vladeck analyzed the legality of President Trump’s new birthright citizenship orders. (One First.)

Mae Thompson, Kristine Beckerle, and Luke Moffett argued that the Trump administration’s rollback of civilian harm mitigation and response procedures “represents a dangerous retreat” from the consensus that effective civilian harm response is crucial to effective military operations. (Lawfare.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.”

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

A divided panel of the U.S. Court of Appeals for the District of Columbia on Friday affirmed a lower court’s injunction blocking President Trump from constructing a ballroom in the White House without congressional approval. The court stayed its decision for 14 days to allow the government to seek Supreme Court review. (Opinion.) (NYT.) President Trump announced on Truth Social that “[w]e will be immediately appealing” the adverse ruling. (WaPo.) For background, see a previous Roundup.

Judge Emily C. Marks (M.D. Ala.) on Friday denied the Southern Poverty Law Center’s motion to dismiss for vindictive prosecution an eleven-count indictment against the nonprofit. (Memorandum Opinion and Order.) (Bloomberg.) For background, see a previous Roundup.

An ex-federal prosecutor filed a lawsuit on Friday in the U.S. District Court for the Southern District of Florida challenging his firing on grounds of the First and Fifth Amendments, the Administrative Procedure Act, the Privacy Act, and separation of powers. (Complaint.) The complaint states that the Trump Justice Department fired the plaintiff hours after a decade-old blog post surfaced in which he criticized Donald Trump. (CNN.)

The White House is pressing forward with its effort to fire Fed Governor Lisa Cook after the Supreme Court temporarily blocked President Trump from firing her. A presidential aide notified Cook in a letter dated Wednesday that the president is “considering” her removal and offered her 21 days to respond to the allegation that she committed mortgage fraud. (Letter.) (WSJ.) (SCOTUSblog.) For background, see a previous Roundup and Jack Goldsmith’s discussion with Sai Prakash on Trump v. Cook and Trump v. Slaughter.

The Senate on Saturday confirmed Todd Blanche as Attorney General in a 50 to 49 vote. (WSJ.) (NYT.) Blanche will officially take the helm of a department characterized by low morale, firings and departures, and dependence on the White House. (WaPo.) For background, see a previous Roundup.

The Pentagon announced on Friday that it had revoked the security clearance of President Joe Biden’s Air Force secretary, alleging that he revealed classified information about Air Force One’s capabilities to the media. (WaPo.)

President Trump announced on Sunday that Will Scharf will replace David Warrington as White House Counsel, effective in September. (WSJ.)

Sarah Buckley argued that President Trump has exceeded his statutory authority under the Clean Air Act to roll back air pollution rules. (Just Security.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.”

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

Judge Randolph D. Moss (D.D.C.) on Thursday dismissed the Justice Department’s lawsuit to compel disclosure of D.C. voters’ Social Security and driver’s license numbers. (Order.)

Judge Todd E. Edelman (D.C. Super. Ct.) on Thursday dismissed the Justice Department’s indictment against David Hearn, the former Olympian who the department alleged had damaged the Lincoln Memorial Reflecting Pool. The judge ordered further briefing on the department’s request for the case to be dismissed without prejudice. (Order.) (NYT.) For background, see previous Roundups.

The individuals and entities challenging the Anti-Weaponization Fund in the U.S. District Court for the Eastern District of Virginia filed an amended complaint Thursday. The complaint asserts that the agreement between President Trump and the Departments of Justice and Treasury to grant Trump, his family, and his businesses sweeping immunity from tax liability and audits is unlawful. (Amended Complaint.) (NYT.) For background, see a previous Roundup.

President Trump on Thursday issued a pair of new executive orders that seek to limit birthright citizenship and combat “birth tourism.” (Executive Order.) (Executive Order.) (NYT.) (WSJ.) Ilya Somin argued that one of the orders—titled “Continuing to Protect the Meaning and Value of American Citizenship”—is unconstitutional. (Volokh.)

President Trump on Thursday imposed tariffs on imports of polysilicon, an essential component of semiconductors and solar panels. (Proclamation.) (NYT.)

Sen. Lisa Murkowski announced Friday that she will oppose Todd Blanche’s confirmation to be attorney general. (Statement.) (Politico.)

Andy Wright and Tara Ganapathy argued that the D.C. Circuit’s recent decision in United States v. Navarro, which upheld Trump aide Peter Navarro’s conviction for contempt of Congress, “significantly raises the stakes surrounding both the assertion of executive privilege, and decisions regarding compliance with congressional subpoenas.” (Just Security.)

Bob Bauer argued that President Trump’s “self-enrichment requires attention not only for its head-snapping brazenness, but as a defining feature of a particular model for presidential governance: what I have characterized previously as the ‘business model.’” (Executive Functions.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.”

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

New Mexico sued the Justice Department and Acting Attorney General Todd Blanche on Wednesday in the U.S. District Court for the District of Columbia to secure access to unredacted Epstein files for the state’s criminal investigation into activities at Epstein’s “Zorro Ranch.” (Complaint.) (Press Release.) (WSJ.) (NBC.)

Judge Ana C. Reyes (D.D.C.) on Wednesday recognized that her stay of the administration’s termination of Temporary Protected Status for Haitians “is no longer in effect” after the Supreme Court’s decision in Mullin v. Doe, and denied the government’s request to stay discovery on the plaintiffs’ claim that the termination was racially motivated. (Order.) (WaPo.)

Judge Noël Wise (N.D. Cal.) on Tuesday granted a temporary restraining order requiring the government to release a Visa Waiver Program entrant seized at Oakland International Airport, finding “a strong likelihood that he is entitled to a pre-deprivation hearing before an immigration judge.” She also enjoined his removal and re-detention pending a hearing. (Order.)

The New York Times reports that the C.I.A. has created a Cuba task force aimed at splitting the country’s political elite and pressuring it to replace anti-American leaders with individuals more open to the Trump administration’s demands. The task force reportedly cannot authorize lethal operations. (NYT.)

The White House is pushing Congress to delay the start of a ban on intoxicating hemp products as part of the continuing resolution currently under consideration. The delay would benefit White House Chief of Staff Susie Wiles’s son-in-law, the chief executive of companies that sell such products. (NYT.) (NBC.)

Camille Mackler argued that the Department of Homeland Security’s “untested, undisclosed, and unreviewed” use of artificial intelligence in immigration enforcement offers a “preview of how AI could reshape executive power.” (Lawfare.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.”

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

The en banc D.C. Circuit on Tuesday affirmed a preliminary injunction barring the Environmental Protection Agency from terminating $20 billion in Greenhouse Gas Reduction Fund grants. Six of the ten participating judges concluded that EPA likely contravened the Inflation Reduction Act’s mandatory appropriation by attempting to claw back disbursed funds “based solely on a policy disagreement.” (Judgment.) (NYT.)

Judge Amit P. Mehta (D.D.C.) on Tuesday granted the Justice Department’s motion to dismiss with prejudice the indictment against nine members of the Oath Keepers, closing the last January 6 prosecution. Judge Mehta wrote that the government’s request “to absolve these Defendants of crimes against the United States itself” is not in the public interest, but that the court “must give way to the primacy of the Executive Branch in making charging decisions.” (Memorandum Opinion and Order.) (Politico.)

Judge Philip A. Brimmer (D. Colo.) on Monday dismissed with prejudice the Justice Department’s suit seeking Colorado’s statewide voter registration list. The ruling is the department’s 20th consecutive district court loss in its effort to obtain state voter rolls. (Order.) (Democracy Docket.) For background, see a previous Roundup.

Twenty-four states and the District of Columbia sued the Administration for Children and Families on Monday over a records notice that would let the agency disclose Temporary Assistance for Needy Families recipients’ Social Security numbers and immigration status “to any public or private entity that ACF chooses, at any time.” (Complaint.) (Press Release.)

The Senate Judiciary Committee on Tuesday advanced acting Attorney General Todd Blanche’s nomination to be attorney general on a 12–10 party-line vote, after Senators John Cornyn and Thom Tillis dropped their objections. Senator Susan Collins said afterward that she does not intend to support Blanche on the floor. (NYT.) Chris Geidner argued that Cornyn and Tillis’s acceptance of Blanche’s written assurances “is not oversight, it is not principled.” (Law Dork.) For background on the assurances, see a previous Roundup.

U.S. Attorney Jeanine Pirro’s office has moved in recent days to dismiss misdemeanor charges against three more defendants accused of vandalizing the Lincoln Memorial Reflecting Pool, after investigators attributed the damage to a contractor. President Trump met with Pirro in the Oval Office on Monday, hours after accusing her of “folding like an umbrella.” He said Tuesday that he had told her he was “not happy” with her filing and declined to say whether her job was safe. (NYT.) (NYT.) (Politico.) For background, see a previous Roundup.

The National Guard deployment in Washington, D.C., is set to cost an additional $1.4 billion from October through the end of President Trump’s term, according to an estimate the Pentagon’s comptroller nominee provided to Senator Elizabeth Warren during his confirmation. (WaPo.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.” The government filed a reply on August 4, arguing that the states rest their challenge on “speculation about what impact the Executive Order would have if it were ultimately implemented in violation of federal law.”

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3. The twelve states filed a reply on August 4, arguing that the executive order “imposes zero obligations on the States or public.”

The Supreme Court’s judgment in Trump v. Barbara issued Monday, affirming the District of New Hampshire’s ruling that President Trump’s birthright citizenship order was unconstitutional. The government filed no petition for rehearing, which would have delayed it. (Judgment.) For background, see a previous Roundup.

Judge Mae A. D’Agostino (N.D.N.Y.) on Monday held that New York’s laws restricting when federal law enforcement officers may wear face coverings and requiring them to wear visible identification likely violate the Supremacy Clause, and preliminarily enjoined their enforcement. She denied the United States’ challenge to a third state law ending New York’s agreements allowing local officers to perform federal immigration enforcement. (Opinion.)

Twenty-five states led by Oregon sued on Monday in the U.S. Court of International Trade to challenge President Trump’s Section 301 tariffs. The complaint alleges that the administration’s “third attempt to impose worldwide tariffs—now through Section 301 of the Trade Act—is equally unlawful.” (Complaint.) Ilya Somin urged the states to press major questions and nondelegation arguments. (Volokh.)

Acting Attorney General Todd Blanche told faith leaders on a private call last week that the Justice Department is working with federal health agencies and the White House “so that the Dobbs decision becomes permanent in every single state.” The Justice Department said the remarks concerned “mail order abortion drugs” alone, and that its 2022 Office of Legal Counsel opinion concluding that the Comstock Act does not bar mailing those drugs is under “a thorough review.” (Recording.) (Politico.)

The Wall Street Journal reported that Immigration and Customs Enforcement has built a round-the-clock program to monitor social media for speech that could threaten its agents or disrupt its operations, and that the Department of Homeland Security has sent hundreds of subpoenas to social media companies to identify anonymous critics. Judges have upheld four grand jury subpoenas seeking users’ identities, but no charges have been filed in those cases. (WSJ.)

Steve Vladeck argued that the Supreme Court’s four rulings against President Trump this term do not establish its independence, given the “massive amount of allegedly unlawful behavior by this administration that the Court has green-lit.” (One First.) Jack Goldsmith previously argued that the Court’s strategy of temporizing preserved its authority while securing presidential compliance many thought impossible. (Executive Functions.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3, arguing that a stay “would allow the federal government to rush out an unprecedented, legally indefensible voter-verification and ballot-interception program.”

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” The 23 states and the District of Columbia challenging the order filed a consolidated opposition on August 3.

Acting Attorney General Todd Blanche on Sunday issued an order providing that the $1.8 billion Anti-Weaponization Fund “is rescinded and shall have no force or effect.” The order does not alter the settlement that created the fund, which cannot be modified without President Trump’s agreement. (Order.) (WSJ.) Sens. John Cornyn and Thom Tillis, who had withheld support for Blanche’s confirmation as attorney general over the fund, said Monday that they will advance the nomination. (NYT.)

President Trump, his sons, the Trump Organization, and two of his personal attorneys on Friday appealed Judge Kathleen M. Williams’s (S.D. Fla.) July 13 sanctions order to the Eleventh Circuit and asked her to stay it pending appeal. (Notice of Appeal.) (Motion.) (Politico.) (NYT.) For background, see a previous Roundup.

U.S. Attorney for the District of Columbia Jeanine Pirro on Friday moved to dismiss without prejudice the felony indictment against former Olympian David Hearn for damaging the Lincoln Memorial Reflecting Pool. (Motion to Dismiss.) (Law Dork.) Trump wrote Saturday that he “disagree[s] 100%” with Pirro. (Truth Social.) For background on the renovation, see a previous Roundup.

The New York Times reported Saturday that the Justice Department subpoenaed freelance journalist Matthew Cole in February for his testimony and more than two years of notes to identify the sources of a 2025 story on a botched Navy SEAL operation in North Korea. (NYT.) Jack Goldsmith previously examined the administration’s subpoenas of NYT reporters. (Executive Functions.)

Senate appropriators on Sunday released a continuing resolution that would fund the government until Dec. 11 and, until then, bar the Office of Management and Budget from codifying President Trump’s grantmaking executive order in the government-wide grants rules. (Bill.) (Proposed Rule.) (Politico.)

The New York Times reported that President Trump publicly announced terms Paul, Weiss, Rifkind, Wharton & Garrison had not agreed to in settling his March 2025 executive order against the firm, including a pledge to “not adopt, use, or pursue any DEI policies.” Then-chairman Brad Karp wrote to partners that Trump “changed the agreement” and attributed to him “a completely false quote,” but the firm never publicly rebutted the White House. (NYT.) (Takeaways.)

Daniel Wilf-Townsend argued that the Court’s decision in Trump v. Slaughter leaves private third-party auditors as the best way to insulate AI regulation from presidential control. (Lawfare.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.

Divided Ninth and Seventh Circuit panels on Thursday ruled against the Trump administration’s interpretation of 8 U.S.C. § 1225(b)(2)(A), the provision the Department of Homeland Security has relied upon to place certain noncitizens arrested in the interior into mandatory detention without bond. (Ninth Cir. Opinion.) (Seventh Cir. Opinion.) Appeals courts have now split 6-2 against the administration on the issue. (NYT.)

The Alien Terrorist Removal Court held its first public hearing on Thursday in the case against Nazira Haji Zada, an Afghan woman the Justice Department is seeking to deport despite her status as a lawful permanent resident. Haji Zada has not been publicly charged with any crimes but is accused of supporting an ISIS-inspired terrorist plot. (NYT.)

After President Trump on Thursday threatened to temporarily withdraw Todd Blanche’s attorney general nomination until the next Congress following opposition by two outgoing Republican senators, Sen. John Cornyn wrote that “POTUS is mistaken if he believes concerns about the provisions in his tax lawsuit settlement are limited to me and Senator Tillis.” (X.) (NYT.)

A dozen red states on Wednesday filed an application to the Supreme Court asking it to immediately grant an administrative stay of a district court injunction barring federal agencies from implementing portions of President Trump’s elections executive order. (Application.) Steve Vladeck argued that the dispute before the Court “involves who can challenge Trump’s order and when—not whether the order is legally valid on its face,” meaning that even a full grant of relief would simply put off resolution of the merits. (One First.)

The Senate on Thursday narrowly rejected, by a vote of 50-49, a resolution directing President Trump to withdraw U.S. troops from hostilities with Iran. (NYT.)

Bob Bauer spoke with Danielle Friedman about how state criminal laws could constrain potential federal interference in the 2026 elections. (Executive Functions.)

Peyton Baker, Nick Bednar, and Amy Wildermuth examined the questions raised by Comans v. Executive Office of the President, the first case to consider removal protections for inferior officers post-Slaughter. (Lawfare.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.

Alabama v. California: Twelve states filed an application on July 29 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.

Judge Zahid N. Quraishi (D.N.J.) on Wednesday dismissed a lawsuit brought by the Justice Department seeking voter registration data from the state of New Jersey. (Opinion.)

Court filings unsealed Wednesday detail the first-ever case before the Alien Terrorist Removal Court. The Justice Department is seeking the deportation of Nazira Haji Zada, a lawful U.S. permanent resident accused of supporting the Islamic State and helping radicalize family members who plotted a thwarted terrorist attack. (ATRC.) (Politico.) Jess Dawgert argued that despite its limited rights and secretive proceedings, “the ATRC still holds more promise to protect due process than current immigration proceedings.” (Just Security.)

The Senate passed a resolution on Wednesday stating that Ghislaine Maxwell “should not be granted a presidential pardon or any form of clemency for her crimes with Jeffrey Epstein relating to the sexual exploitation and abuse of minors.” (Resolution.) (WaPo.)

The government appears to have missed the deadline to ask the Supreme Court to reconsider its birthright citizenship opinion. The 25-day deadline lapsed on Monday without the government filing a petition for a rehearing, despite President Trump representing in a post on social media earlier this month that he would ask the Supreme Court for a rehearing in the case “IMMEDIATELY.” (Politico.)

The Republican-led Senate Judiciary Committee on Wednesday postponed a vote on Todd Blanche’s nomination as attorney general after two Senate Republicans voiced skepticism of his candidacy due to a deal Blanche negotiated to settle President Trump’s lawsuit against the Internal Revenue Service. (NYT.) President Trump this morning said that he has “no objection to temporarily withdrawing Todd’s name . . . and putting him back after Cornyn and Tillis are out of office.” (Truth Social.) (WSJ.)

Federal district court judges on Wednesday approved President Trump’s choice of James M. McDonald to lead the U.S. Attorney’s Office for the Southern District of New York. McDonald previously represented Trump in his appeal of his 2024 criminal conviction. (NYT.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an emergency application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.

The D.C. Circuit on Tuesday affirmed the district court’s denial of a preliminary injunction blocking implementation of the president’s election integrity executive order. The panel concluded that “while Plaintiffs have identified a number of serious questions concerning the lawfulness of proposed actions if implemented on the threshold of the upcoming federal election, this case likely is unripe for review in its present posture.” (Judgment.) For background, see previous Roundups and Jack and Bob’s chat on Trump and the midterms.

Judge Jamal N. Whitehead (W.D. Wash.) on Tuesday denied the Department of Homeland Security’s motion to dismiss the American Federation of Government Employees’ challenge to the department’s 2025decision to terminate the collective bargaining agreement between AFGE and the Transportation Security Administration. The order also denied DHS’s motion to dissolve the preliminary injunction barring it from moving forward with the termination. (Order.)

Judge Kymberly K. Evanson (W.D. Wash.) on Monday granted a coalition of states’ motion for a temporary restraining order barring the Department of Education from terminating mental-health-services grants for students in public schools. The order bars the department from terminating the grants without the procedural protections federal law requires and from evaluating them against priorities that did not exist when the grants were awarded. (Order.)

President Trump petitioned the Supreme Court to reverse an $83.3 million judgment against him for defaming E. Jean Carroll, who has accused Trump of sexually assaulting her in the 1990s. (NYT.) The Washington Post reports that the Justice Department has separately petitioned the Court to substitute the United States as defendant. (WaPo.) For background, see previous Roundups.

Former FBI Director James Comey on Tuesday filed a motion to dismiss the indictment accusing him of threatening the president on the grounds that the prosecution was vindictive and selective. (Motion.) (Memorandum in Support.) In separate filings, Comey also requested the court hold a Franks hearing and order the disclosure of the records from the grand jury proceedings in his case. (Franks Motion.) (Disclosure Motion.) (CBS.)

The Senate on Tuesday confirmed Jay Clayton to be director of national intelligence. (Roll Call Vote.) (NYT.)

Immigration and Customs Enforcement has reportedly expanded enforcement operations in U.S. airports and started arresting foreign citizens with expired visas, including the spouses of U.S. citizens and individuals with pending asylum applications. (NYT.)

Bob Bauer argued that a new Senate bill that would regulate the president’s “issuance” and “sponsorship” of certain digital assets is “the wrong path to conflict-of-interest regulation in response to this president’s amassing of billions of dollars of wealth in the course of this second term.” (Executive Functions.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an emergency application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.

The solicitor general on Monday asked the Supreme Court to issue an immediate administrative stay of a district court order, upheld by the First Circuit on Saturday, which barred the Trump administration from implementing portions of the president’s March 31 executive order on mail-in voting in 24 jurisdictions. (Emergency Application.) (Politico.) (WSJ.) For background, see yesterday’s Roundup.

Judge John Cronan (S.D.N.Y.) on Monday dismissed a challenge to President Trump’s Religious Liberty Commission and denied plaintiffs’ request for a preliminary injunction that would have blocked the commission from issuing its report. The court held that only President Trump has authority to appoint commission members, but that the president is not an “agency” subject to suit under the Administrative Procedure Act and that plaintiffs failed to show he violated a “clear nondiscretionary duty” that would warrant mandamus relief. (Opinion and Order.) (AP.)

Former FBI Director James Comey on Monday filed a motion to dismiss on First Amendment grounds an indictment alleging he threatened President Trump’s life by posting a photo of seashells arranged to read “86 47.” (Motion.) (Memorandum in Support.) Comey’s lawyers are expected to submit additional filings today arguing that the case against him is the product of selective and vindictive prosecution. (NYT.) Noting Comey’s Oct. 21 trial date, Andrew McCarthy wrote he would be “very surprised if there is a trial.” (National Review.)

The Justice Department on Monday moved to dismiss without prejudice its case against David Huerta, a California labor leader arrested last summer for allegedly impeding the work of federal immigration agents. (Motion.) (NYT.) Judge Stanley Blumenfeld, Jr. (C.D. Cal.) granted the motion and ordered that the dismissal will automatically convert to one with prejudice on Aug. 27. (Order to Dismiss.)

U.S. Citizenship and Immigration Services on Monday announced a rule change that would allow the agency to refer certain asylum applications to immigration judges without first interviewing the individual. USCIS framed the change as an effort to reduce the asylum backlog. (Interim Final Rule.) (Press Release.) (Bloomberg.)

Pending Interim Order Applications Involving the U.S. Government in the Supreme Court

Trump v. California: The government filed an emergency application on July 27 requesting the Supreme Court to stay a district court injunction that blocked federal agencies from implementing certain portions of the president’s March 31 executive order entitled “Ensuring Citizenship Verification and Integrity in Federal Elections.” Justice Jackson formally set a deadline of August 3 for a response to the application.

A panel of the First Circuit on Saturday denied the Justice Department’s motion to stay a lower court ruling that barred federal agencies from implementing certain provisions of President Trump’s March 31 elections executive order in 23 states and the District of Columbia. The court concluded that the government had not shown it was likely to succeed on its arguments that the plaintiff states lacked standing or that their claims were unripe. (Order) (Bloomberg.) (NYT.)

Since the Supreme Court’s Temporary Protected Status decision in Mullin v. Doe, three district judges have temporarily preserved TPS designations while considering newly asserted constitutional challenges. (CNN.) On Friday, after two district court judges issued administrative stays blocking the Trump administration from ending TPS designations for South Sudan and Ethiopia, Department of Homeland Security General Counsel James Percival accused the judges of “open defiance of” and “mutiny against” the Supreme Court.

CBS News reports that ICE “has made plans to ramp up operations to arrest and deport Haitian migrants, as hundreds of thousands of Haitians brace for the termination of their legal status.” Haiti’s TPS designation is set to expire today. (CBS.)

The Department of Energy acknowledged in a July 15 court filing that it recommended terminating more than 600 clean-energy grants “based solely on the political identity” of the recipient’s state before the Office of Management and Budget ultimately terminated 284 of them. (Filing.) (NYT.) (CNN.)

Jack Goldsmith spoke with former DHS Secretary and Pentagon General Counsel Jeh Johnson about an article Johnson recently co-authored entitled “Presidential War Powers: Executive Expansion and Congressional Retreat.” (Executive Functions.)

The D.C. Circuit on Thursday denied the Department of Homeland Security’s petition to rehear en banc its April 2026 decision in Refugee and Immigrant Center for Education and Legal Services v. Mullin. (July Order.) The April decision held unlawful the president’s proclamation and agency guidance barring entry into the United States by migrants who crossed the southern border either without proper documentation at a port of entry or not at a port of entry, and subjecting individuals who violated the ban to summary removal proceedings. (April Opinion.)

A coalition of states on Thursday sued the Federal Emergency Management Agency in the U.S. District Court for the District of Rhode Island, challenging its imposition of election- and immigration-related conditions on the receipt of emergency management funds, as well as its imposition of new terms that allegedly give FEMA greater discretion to terminate states’ funding. (Complaint.)

The president has imposed new tariffs under Section 301 of the 1974 Trade Act on over 80 countries. (NYT.) Ilya Somin argued they are “illegal for some of the same reasons as the IEEPA tariffs invalidated by the Supreme Court in February.” (Volokh.)

The House of Representatives, for the second time this summer, passed a concurrent resolution Thursday directing the president to “remove the use of United States Armed Forces from hostilities against the Islamic Republic of Iran or any part of its government or military” unless Congress expressly authorizes such action. (H. Con. Res. 89.) (NYT.) Four Republicans joined Democrats in voting for the measure. (Roll Call.) For background on the concurrent resolution that passed both chambers in June, see a prior Roundup.

Justice Elena Kagan, when asked at the Ninth Circuit’s annual judicial conference whether the Supreme Court has been too deferential to the president, stated: “I think that is a bad rap…. I don’t see this as a court that is just going to rubber-stamp what the current administration does—quite the opposite.” (NYT.) (Politico.)

The Justice Department has withdrawn the subpoenas it issued to New York Times journalists. (NYT.)

Katherine Yon Ebright argued that although President Trump’s “Donroe Doctrine” is a “supposed revitalization of the Monroe Doctrine,” the history of the Monroe Doctrine, properly understood, “supplies strong precedents for war powers constraints, not presidential aggrandizement in matters of war.” (Lawfare.)

Steve Vladeck argued that the en banc Fifth Circuit’s “unsigned, unexplained order” granting a “precedential stay” of consolidated district court decisions concerning the administration’s immigration detention policies “turn[s] the entire concept of an emergency application on its head.” (OneFirst.)

Judge Michael Farbiarz (D.N.J.) ordered the release of a detained migrant, Marlon Andres Torres Gomez, after Immigration and Customs Enforcement prevented his voluntary departure from the United States. An immigration judge previously had ordered that Torres Gomez be permitted to depart voluntarily by June 11. (Opinion and Order.)

Judge Ana Reyes (D.D.C.) ordered the Defense Department—in light of its recently announced policy providing voluntary testosterone replacement therapy to service members with testosterone deficiency—to address in forthcoming briefing the “basis for treating trans men and other service members differently.” The order referenced the president’s Jan. 2025 executive order barring transgender service in the military, which stated that “the Armed Forces must adhere to high mental and physical health standards… without the benefit of routine medical treatment or special provisions.” (Minute Order.) (Lawdork.)

The House voted on Tuesday to pass the fiscal year 2027 National Defense Authorization Act. (Roll Call.) It also passed a concurrent budget resolution to begin a third reconciliation process aimed at providing the military funding to cover costs related to the Iran war. Senate Majority Leader John Thune has said he will not immediately take up the resolution. (Roll Call.) (NYT.)

The House Judiciary Committee sent a letter Tuesday to the Justice Department, alleging that former Special Counsel Jack Smith “knowingly made false statements” to the committee during his Dec. 2025 deposition. (Letter.) (NYT.)

Politico reported that the Justice Department has delivered hundreds of millions of dollars to Alaska under two settlements and a grant award as Acting Attorney General Todd Blanche works to secure Senate support for his confirmation to be attorney general. (Politico.)