Executive Functions: The Roundup

Executive Functions Roundup

Vishnu Kannan — Fri, 03 Apr 2026 15:47:05 GMT

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Midjourney

The Justice Department’s Office of Legal Counsel issued an opinion dated Apr. 1 that concludes the Presidential Records Act of 1978, which requires the preservation of presidential records, is unconstitutional. The opinion states that the law “is not a valid exercise of Congress’s Article I authority and unconstitutionally intrudes on the independence and autonomy of the President guaranteed by Article II . . . and the President need not further comply with its dictates.” (Opinion.) (WaPo.)

President Trump on Thursday fired Attorney General Pam Bondi and announced that Deputy Attorney General Todd Blanche will serve as acting Attorney General. (Truth Social.) (NYT.) Quinta Jurecic argued that the next attorney general, like Bondi, will have an impossible job. (The Atlantic.)

Secretary of Defense Pete Hegseth on Thursday fired the Army’s chief of staff, Gen. Randy George, reportedly following clashes over personnel. (NYT.)

A coalition of legal groups acting on behalf of several Minnesota residents on Thursday sued the Department of Homeland Security in the District of Columbia over a DHS policy that “purports to authorize ICE officers to enter, without a judicial warrant, any home where a person with a final order of removal is believed to be.” The plaintiffs requested the court to declare unlawful, vacate, and set aside the policy. (Complaint.) (NYT.)

ICE agents this week detained Salah Sarsour, a longtime U.S. permanent resident and leader of Wisconsin’s largest Islamic organization. A DHS spokeswoman said Sarsour had prior convictions in Israel and made misrepresentations on his American green card application in the 1990s. (NYT.)

According to the Washington Post, records show the federal planning commission reviewing President Trump’s White House ballroom project softened its own public explanation of its authority at the administration’s request. (WaPo.) On Thursday, the commission approved the president’s ballroom project, but the project remains subject to a March 31 preliminary injunction on the ground that it lacks congressional authorization. (NYT.) For background on the ruling, see a previous Roundup.

Jack Goldsmith and Curt Bradley spoke about whether President Trump has the authority to unilaterally withdraw the United States from NATO in light of the president’s recent threats to exit the treaty. (Executive Functions.)

Peyton Baker, Nick Bednar, and Amy Wildermuth argued that the Merit Systems Protection Board erred in stripping immigration judges of tenure protections and warned that the MSPB’s reasoning could jeopardize civil service protections for a wide range of federal officials. (Lawfare.)

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

Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.

Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. Both sides filed supplemental briefs on November 19 and the Court heard oral argument on Jan. 21, 2026.

Noem v. Doe: The government filed an application on February 26 requesting the Supreme Court stay pending appeal of a preliminary injunction issued by a district court preliminarily enjoining Secretary of Homeland Security Kristi Noem from terminating temporary protected status designation for Syria. The government asked the Court to construe the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with a challenge to the Department of Homeland Security’s termination of Temporary Protected Status designations for Haiti and granted certiorari before judgment of the consolidated cases while deferring action on the government’s request for a stay.

Trump v. Miot: The government filed an application on March 11 requesting the Supreme Court to stay a lower court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate temporary protected status designation for Haiti. The government also asked the Court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with Noem v. Doe.

Executive Functions Roundup

Ema Rose Schumer — Thu, 02 Apr 2026 20:29:59 GMT

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Midjourney

A three-judge panel of the D.C. Circuit on Wednesday stayed pending appeal a lower court order that set aside the U.S. Agency for Global Media’s action placing more than 1,000 employees of Voice of America on administrative leave. (Order.) (NYT.) For background on the litigation, see a prior Roundup.

Judge Jennifer L. Thurston (E.D. Ca.) on Wednesday granted a motion to enforce a preliminary injunction against the U.S. Border Patrol, which she ruled violated the court order in an immigration enforcement operation in the parking lot of a Sacramento Home Depot. The injunction prohibited agents from (i) stopping noncitizens without reasonable suspicion that they are in the country illegally and (ii) making warrantless arrests of noncitizens without probable cause of risk of flight. (Order.) (NYT.)

Judge Mary S. McElroy (D.R.I.) on Tuesday held that the Department of Housing and Urban Development violated the Administrative Procedure Act “through their slapdash imposition of political whims” on a grant program to address homelessness. Judge McElroy vacated and set aside the department’s policy that disqualified grant applicants from jurisdictions that do not align with the Trump administration’s policies on immigration and transgender issues. (NYT.)

The Supreme Court heard oral arguments on Wednesday in Trump v. Barbara, a case challenging the legality of President Trump’s executive order limiting birthright citizenship. The president attended part of the hearing in person. (WSJ.) Chris Geidner analyzed key moments from oral arguments. (Law Dork.) Steve Vladeck argued that the government will likely lose the case, but the Supreme Court’s previous ruling blocking district court nationwide injunctions could lead the government to stop appealing lower court decisions. (NYT.)

Republican leaders announced on Wednesday a two-part plan to fund the Department of Homeland Security. First, the House will vote on a bill that passed the Senate last week that would fund DHS except for ICE and Border Patrol. Second, Republican lawmakers will seek to fund immigration enforcement through budget reconciliation, a process which only requires a simple majority in the Senate. (WSJ.) (NYT.)

The Trump administration on Wednesday removed Venezuela’s interim president, Delcy Rodríguez, from the sanctions list of the U.S. Treasury Office of Foreign Assets Control. The decision allows Americans to do business with her without facing civil or criminal penalties. (WSJ.)

More than 100 international law experts signed a letter expressing concerns that the U.S. military’s actions in Iran constitute serious violations of international law. (Just Security.)

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

Trump v. Miot: The government filed an application on March 11 requesting the Supreme Court to stay a lower court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate temporary protected status designation for Haiti. The government also asked the Court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with Noem v. Doe.

Executive Functions Roundup

Augustus Bayard — Wed, 01 Apr 2026 15:30:26 GMT

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Midjourney

Judge Gerald J. Pappert (E.D. Penn.) on Tuesday ordered the University of Pennsylvania to comply with an administrative subpoena issued by the Equal Employment Opportunity Commission (EEOC) for contact information of employees in Jewish-related organizations on campus and the Jewish Studies Program. EEOC sought such information as part of its investigation into whether Penn engaged in a pattern or practice of discrimination against Jewish employees in violation of Title VII of the Civil Rights Act of 1964. (Memorandum.) (Order.) (NYT.)

Judge Allison D. Burroughs (D. Mass.) on Tuesday ruled that the Trump administration unlawfully terminated the humanitarian parole status of migrants who used a Biden-era mobile app to schedule appointments for entry into the country. (Memorandum and Order.) (NYT.)

Judge Richard J. Leon (D.D.C.) on Tuesday issued a preliminary injunction blocking further construction on the East Wing ballroom project. Judge Leon held that the president does not have the legal authority to construct a ballroom at the White House using private funds without obtaining congressional approval. (Memorandum Opinion.) (NYT.) (WaPo.) (WSJ.)

Judge Randolph D. Moss (D.D.C.) on Tuesday enjoined federal agencies from ceasing to fund NPR and PBS pursuant to Executive Order 14290, entitled “Ending Taxpayer Subsidization of Biased Media.” Judge Moss held that President Trump’s directive to terminate federal funding to the news outlets because they are “biased media” constitutes viewpoint discrimination and retaliation in violation of the First Amendment. (Opinion and Order.) (WSJ.) (WaPo.) (NYT.)

President Trump on Tuesday signed an executive order to promote election integrity that directs the Secretary of Homeland Security to compile and distribute “State Citizenship Lists” to state election officials in advance of federal elections. The lists shall include individuals 18 years old or older confirmed to be U.S. citizens “from Federal citizenship and naturalization records, SSA records, SAVE data, and other relevant Federal databases.” (Executive Order.) (NYT.) (WaPo.) (WSJ.)

Three former FBI agents filed a lawsuit on Tuesday against FBI Director Kash Patel and Attorney General Pam Bondi on behalf of themselves and a proposed class of all similarly situated former FBI employees who were terminated on the “basis of perceived political affiliation, without being afforded due process.” (Complaint.) (NYT.)

The New York Times reported that the Justice Department and the White House are mired in a “messy and complicated” debate over how to approach President Trump’s lawsuit against the Internal Revenue Service, which demands $10 billion in damages over the leak of Trump’s personal tax information. (NYT.) For background on the lawsuit, see a previous Roundup.

Richard Re argued that the Supreme Court’s decision in Trump v. CASA provides a window into the “dissenter’s dilemma,” which describes a dissenting judge’s desire to “fuel outrage over a decision’s potential reach and to minimize the same decision’s actual consequences.” (Divided Argument.)

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

Executive Functions Roundup

Vishnu Kannan — Tue, 31 Mar 2026 16:13:56 GMT

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Midjourney

Politico reports that Judge Paul Friedman (D.D.C.) appeared skeptical of the Pentagon’s new press access policy during a hearing on Monday. (Politico.) For background on Friedman’s prior ruling, which permanently enjoined the Defense Department from enforcing its previous press credentials policy in a suit brought by the New York Times, see a previous Roundup.

Attorneys for Rep. Eric Swalwell on Monday sent a cease-and-desist letter to the FBI demanding that the bureau refrain from releasing files related to a decade-old investigation into the congressman’s alleged ties to a suspected Chinese spy. (NYT.) See yesterday’s Roundup for background.

The Department of Justice on Monday filed a lawsuit against Minnesota’s Department of Education and State High School League in the District of Minnesota seeking declaratory, injunctive, and damages relief for the state’s “unapologetic sex discrimination against female athletes.” Last year, Minnesota refused to follow a presidential directive on transgender athlete participation in girls’ sports. (Complaint.) (NYT.)

Individuals who stormed the Capitol on Jan. 6, 2021 have filed a class action complaint in the Middle District of Florida seeking tens of millions of dollars in damages under the Federal Tort Claims Act. The suit alleges that Capitol and D.C. police used explosive munitions, chemical agents, projectiles, and physical force against a “peaceful crowd.” (Complaint.) (Politico.)

The Wall Street Journal reports that Attorney General Pam Bondi last week quietly authorized Dan Bishop, a U.S. attorney in North Carolina and former congressman who voted against certifying President Biden’s electoral victory in 2020, to lead nationwide election-related probes and review voter data for potential noncitizen voting. (WSJ.)

In a letter sent Monday to the House and Senate Judiciary Committees, lawyers for a DOJ whistleblower reportedly told lawmakers that the Justice Department’s Office of Inspector General appears to have ignored 20 instances of possible misconduct by the Trump administration. (NYT.) (CNN.)

Federal officials said on Monday that the man accused of ramming a car into a Michigan synagogue on March 12 was “motivated and inspired by Hezbollah’s militant ideology.” (NYT.) For background on the attack, see a previous Roundup.

Bob Bauer and Jack Goldsmith argued that while the Iran war marks “a new nadir in the decline of Congress’s check on presidential war,” lawmakers retain a key leverage point through their control over appropriations. (Executive Functions.)

Quinta Jurecic discussed the Justice Department’s prosecution of Rep. LaMonica McIver, who is accused of “assaulting, resisting, or impeding” federal officers during a confrontation outside an immigration detention center. (The Atlantic.)

Eric Columbus predicted that the Trump administration “will use both the state voter registration lists they have received and the fact that they have not received such lists from other states in an effort to cast doubt on the efforts of the midterm elections.” (Lawfare.)

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

Executive Functions Roundup

Vishnu Kannan — Mon, 30 Mar 2026 14:59:00 GMT

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Midjourney

Judge Charles R. Simpson III (W.D. Ky.) on Friday granted the government’s motion to dismiss with prejudice charges against two former Louisville-Metro police officers involved in drafting a no-knock search warrant that led to the fatal shooting of Breonna Taylor in 2020. (Order.) (NYT.)

President Trump signed a memo on Friday ordering the Department of Homeland Security to use funds for Transportation Security Administration operations to pay TSA screeners. (Memo.) (NYT.) The presidential action came after the House rejected a bill passed in the Senate to partially fund DHS except for ICE and U.S. Customs and Border Protection. (CNN.) For background, see a prior Roundup.

The U.S. has reportedly deployed several hundred U.S. Special Operation forces, 2,500 Marines, and 2,500 sailors to the Middle East to give President Trump options in his military campaign against Iran. (NYT.)

President Trump is reportedly considering a military operation to extract nearly 1,000 pounds of uranium inside Iran that would likely require boots on the ground. (WSJ.)

The Washington Post reported that FBI Director Kash Patel is pushing to publicly release materials related to a decade-old investigation into Democratic lawmaker Eric Swalwell’s potential ties to a suspected Chinese spy, despite no finding of criminal wrongdoing. (WaPo.)

Hackers claiming to be a part of the Iranian regime took responsibility on Friday for publishing stolen emails and photos from Kash Patel’s personal email account. The stolen files were published on a website that included the name “Handala,” a pro-Iranian hacking group, however, cybersecurity data reportedly suggests that the website was hosted in Russia. (NYT.)

Jack Goldsmith and Bob Bauer discussed Congress’s failure to limit the president’s military campaign in Iran as well as contemporary legal debates over military operations without congressional authorization. (Executive Functions.)

Michael McNulty argued that the 2026 midterms will be a “stress test for whether election outcomes are determined by the will of the voters or by who controls the machinery of elections.” (Just Security.)

Andrew C. McCarthy analyzed the injunction blocking the Trump administration from designating Anthropic a supply chain risk. (National Review.)

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

Executive Functions Roundup

Matt Fidel — Fri, 27 Mar 2026 15:19:16 GMT

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Midjourney

Judge Rita F. Lin (N.D. Ca.) on Thursday issued a preliminary injunction barring federal agencies from enforcing President Trump’s directive to halt working with Anthropic. Judge Lin’s injunction also applies to Defense Secretary Pete Hegseth’s directive requiring companies that work with the U.S. military to cease business with Anthropic and the Defense Department’s designation of Anthropic as a supply chain risk. Judge Lin stayed her decision for seven days to allow the government to seek an emergency stay from the Ninth Circuit. (Order.) For background on the litigation, see the Roundup Library.

U.S. Southern Command announced on Wednesday that U.S. forces blew up a boat suspected of trafficking drugs in the Caribbean, killing four people. The New York Times reported that the strike raised the death toll of the Trump administration’s military campaign against people suspected of trafficking drugs at sea to at least 163 people. (X.) (NYT.)

The Trump administration has reportedly opened civil rights investigations into the use of race in medical school admissions at Stanford University, Ohio State University, and the University of California, San Diego. (WSJ.)

The Senate voted Friday morning to partially fund the Department of Homeland Security. The bill, which would fund the Transportation Security Administration and the rest of DHS except for ICE and U.S. Customs and Border Protection, still needs to pass the House. (WaPo.) The vote comes after President Trump announced on Thursday that he would sign an emergency order to pay TSA agents during the shutdown. (NYT.)

Federal Trade Commission Chair Andrew Ferguson has reportedly sent letters to four leading payment processors warning that they are not allowed to deny customers service due to customers’ political or religious beliefs, citing President Trump’s “debanking” executive order. (WSJ.)

The Labor Department proposed a rule on Thursday that would raise the minimum pay for foreign workers who come to the U.S. on visas for high-skilled employees. (Rule.) (WSJ.)

The New York Times reported that some federal judges are concerned that fiery opinions warning of the Trump administration’s threats to democracy risk being perceived by the public “as motivated by political animus, instead of the basic application of law to the facts of a case.” (NYT.)

President Trump is reportedly considering renovating the White House Treaty Room into a “guest bedroom with an en suite bath.” (NYT.)

David Ignatius argued that far from concealing his intentions, President Trump has “boasted” about his efforts to take over the November election. (WaPo.)

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

Executive Functions Roundup

June Lee — Thu, 26 Mar 2026 15:18:08 GMT

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Midjourney

A divided panel of the Eighth Circuit on Wednesday upheld the Trump administration’s mandatory immigration detention policy under 8 U.S.C. § 1225(b)(2)(A). (Order.) (Politico.) Chris Geidner analyzed the decision. (Law Dork.)

A divided panel of the Ninth Circuit on Wednesday issued a temporary administrative stay of lower courts’ injunctions restricting ICE agents’ use of crowd control tactics, including “chemical or projectile munitions,” on protesters outside a Portland ICE facility. The court expedited briefings and scheduled oral arguments for April 7. (Order.) For background on the litigation, see a prior Roundup.

Judge James E. Boasberg (D.D.C.) on Wednesday granted the Trump administration’s motion to dismiss a lawsuit brought by legal services groups challenging the government’s agreement with El Salvador that allowed the U.S. to transfer individuals in its custody to detention facilities in El Salvador. Judge Boasberg ruled that the plaintiffs lacked standing and that the diplomatic agreement “does not itself carry independent legal force.” (Opinion.)

The New York Times reported based on anonymous sourcing that the Department of Justice has agreed to pay former national security adviser Michael Flynn $1.25 million to settle a wrongful prosecution lawsuit. Flynn sued the government in 2023 in the U.S. District Court for the Middle District of Florida, contending the DOJ wrongfully prosecuted him for making false statements to federal agents investigating ties between Russia and the Trump 2016 election campaign. (Notice of settlement.) (NYT.)

The United States reportedly circulated a 15-point peace plan on Wednesday to end the military conflict in Iran that included demands that Iran completely relinquish its nuclear program. The Iranian government declared it would not end the conflict unless the U.S. paid war reparations and recognized “Iran’s exercise of sovereignty over the Strait of Hormuz.” (NYT.)

In light of reports that TikTok investors paid the government billions of dollars as part of a deal to keep the company operating, Ashley Deeks and Kristen Eichensehr argued that Congress should ban the government from accepting payments for “national security-related approvals to conclude transactions, export products, or receive licenses.” (Just Security.)

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

Executive Functions Roundup

Ema Rose Schumer — Wed, 25 Mar 2026 14:16:57 GMT

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Midjourney

Judge Dena Coggins (E.D. Ca.) on Monday ordered the Trump administration to facilitate the immediate return of a Deferred Action for Childhood Arrivals (DACA) recipient who was removed to Mexico in violation of protections afforded to her under DACA and the Fifth Amendment. (Order.) (Politico.)

Minnesota officials sued the Department of Justice and the Department of Homeland Security on Tuesday in the U.S. District Court for the District of Columbia over the federal government’s actions blocking state officials from investigating three shootings involving federal agents in alleged violation of the Administrative Procedure Act and the Tenth Amendment. (Complaint.) (Politico.)

Army Judge Col. Matthew Fitzgerald on Monday ordered military prosecutors to provide defense attorneys with any evidence of Iran’s involvement in the 2000 bombing by Al Qaeda of the U.S.S. Cole off the coast of Yemen that left 17 U.S. sailors dead. The order came after President Trump said earlier this month that Iran was “probably” involved in the attack, raising questions about the military’s pending prosecution of a Saudi man detained at Guantánamo Bay on charges of orchestrating the bombing. (NYT.)

Several news outlets reported that the Supreme Court appeared persuaded in oral arguments on Tuesday that President Trump has the legal authority to turn away asylum seekers at the U.S.-Mexico border. (NYT.) (WaPo.) (Politico.) For background on the case, Noem v. Al Otro Lado, see a prior Roundup.

Judge Rita F. Lin (N.D. Ca.) stated during a Tuesday hearing—though she has yet to rule on the matter—that the Trump administration’s designation of Anthropic as a supply-chain risk appears to be unlawful punishment of the AI company for speaking out publicly about its contract dispute with the Pentagon. (WSJ.) For background on the litigation, see a prior Roundup.

A federal prosecutor reportedly admitted in a closed-door court hearing earlier this month that the government had not found evidence of misconduct in its criminal investigation of the Federal Reserve over its renovation project. (WaPo.) For background on the DOJ’s investigation into Fed Chair Jerome Powell, see a prior Roundup.

For the third time since President Trump ordered military action against Iran, the Senate on Tuesday failed to adopt a resolution that would halt the president from further military activity without congressional approval. (NYT.)

The New York Times reported that the Trump administration has in the last year initiated deportation proceedings against 34 former military members. According to the Times, the proceedings mark a departure from previous guidance that granted deference in immigration enforcement toward people who served in the military and their relatives. (NYT.)

Jack Goldsmith argued that the Senate has fallen flat in confronting President Trump’s efforts to diminish the independence and power of inspectors general. (Executive Functions.)

Eugene Volokh argued that President Trump’s recent executive order entitled “Preserving America’s Game,” which directs agency leaders to persuade broadcasters not to air competing college football games at the same time as the Army-Navy football game, is unconstitutional. (Volokh Conspiracy.)

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

Executive Functions Roundup

Augustus Bayard — Tue, 24 Mar 2026 15:48:52 GMT

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Midjourney

Judge Tanya S. Chutkan (D.D.C.) on Monday granted in part a motion to dismiss in a lawsuit challenging Elon Musk’s role in the Department of Government Efficiency. The court allowed Appointments Clause and ultra vires claims to proceed but dismissed Administrative Procedure Act and separation-of-powers claims. (Memorandum Opinion.)

Judge Colleen McMahon (S.D.N.Y.) on Monday denied the government’s request to block republication of the video depositions of two former DOGE employees in a lawsuit over canceled humanities grants. She ruled that there was no sufficient showing of harm to justify restricting public access to testimony about officials’ conduct. (Opinion and Order.) (NYT.)

Journalists at Voice of America sued the U.S. Agency for Global Media and its leadership in the U.S. District Court for the District of Columbia on Monday. The suit alleges that the Trump administration has unlawfully sought to control VOA’s content by censoring coverage and promoting pro-administration messaging in violation of the First Amendment and the APA. (Complaint.) (NYT.)

A coalition of preservation and architectural groups on Monday filed a lawsuit against the Kennedy Center’s board in the U.S. District Court for the District of Columbia requesting a preliminary injunction to halt any destruction or significant redesign of the center. The suit claims that planned renovations and a multiyear closure unlawfully bypass required federal review and approvals and threaten irreparable harm to the historic site. (Complaint.) (WaPo.) The New York Times reported on legal challenges to President Trump’s construction plans across the nation’s capital. (NYT.)

President Trump announced on Monday that high-level negotiations with Iran have begun, stating that “if it goes well, we’re going to end up . . . settling this, otherwise we’ll just keep bombing our little hearts out.” (WaPo.)

According to the New York Times, Pentagon officials are considering a potential deployment of thousands of airborne troops to support possible U.S. operations in Iran. (NYT.)

The Education Department has launched two new investigations into Harvard University relating to antisemitism and admissions practices. (NYT.) See a previous Roundup for background on the Justice Department’s latest lawsuit against Harvard.

The U.S. District Court for the District of New Jersey, with the apparent acquiescence of the Department of Justice, appointed career prosecutor Robert Frazer to serve as interim U.S. attorney for the district. (Standing Order.) (NYT.) For background on the office’s recent leadership turmoil, see a previous Roundup.

The Senate confirmed Sen. Markwayne Mullin as secretary of the Department of Homeland Security in a 54-45 vote. (WSJ.)

ICE agents deployed to several U.S. airports on Monday to assist Transportation Security Administration officers in managing long security lines amid the ongoing DHS shutdown. President Trump said Monday that he would consider deploying the National Guard if the ICE presence proves insufficient. (WSJ.)

The Pentagon announced new restrictions on journalists’ access, including closing its in-building press workspace and requiring escorts, after a federal judge ruled its prior media policy unconstitutional on Friday. The department said it would appeal while revising the rules to comply with the court’s order. (NYT.) See yesterday’s Roundup for background on the ruling.

Reuters reports that the U.S. Security and Exchange Commission’s former enforcement chief resigned last Monday after clashing with agency leadership over the handling of major cases, including those involving figures tied to President Trump. (Reuters.)

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

Executive Functions Roundup

Ema Rose Schumer — Mon, 23 Mar 2026 15:13:34 GMT

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Midjourney

Judge Paul L. Friedman (D.D.C.) on Friday granted the New York Times’s motion for summary judgment in a lawsuit challenging the Pentagon’s new press credentials policy on First and Fifth Amendment grounds. Judge Friedman permanently enjoined the Department of Defense from enforcing challenged provisions of the policy and ordered DOD to immediately reinstate the credentials of seven journalists at the Times. (Order.) (Opinion.) (NYT.) For background on the lawsuit, see a prior Roundup.

Judge Royce C. Lamberth (D.D.C.) on Friday vacated a March 23 deadline for reinstating all employees of the U.S. Agency for Global Media placed on administrative leave, while denying the government’s motion for partial stay pending appeal of the court’s underlying March 17 order and requiring it to submit regular status updates on compliance. (Order.) Chris Geidner summarized the ruling. (Law Dork.) For background, see a prior Roundup.

The Justice Department on Friday moved to dismiss with prejudice its case against Heather Danae Lewis, a woman accused of taking part in the disruption of a church service in Minnesota on Jan. 18. While prosecutors did not provide an explanation for the dismissal, Lewis’ lawyer said she was charged due to mistaken identity. (Motion.) (NYT.)

The Justice Department on Friday filed a motion to dismiss with prejudice charges against two former Louisville-Metro police officers involved in drafting a no-knock search warrant that led to the shooting of Breonna Taylor in 2020. (Motion.) (NYT.)

The Justice Department on Friday sued Harvard College in the U.S. District Court for the District of Massachusetts under Title VI of the Civil Rights Act of 1964 over the school’s alleged refusal to take action against antisemitism. The suit claims Harvard remained “deliberately indifferent” despite its awareness of discrimination against Jewish and Israeli students and seeks to both compel Title VI compliance and rescind of billions of dollars in federal funding for breach of contract. (Complaint.) (NYT.)

President Trump on Monday stated that the United States and Iran have begun negotiating a “total resolution of our hostilities in the Middle East.” (NYT.)

Following the passing of former FBI Director Robert Mueller on Friday, President Trump wrote, “Good, I’m glad he’s dead.” (NYT.) (Truth Social.) Bob Bauer argued that Mueller’s passing should “prompt reflection on what has become of leaders in the legal community who have been widely thought able to transcend political differences, and help to resolve complex, divisive problems beyond the capacities of a polarized political class.” (Executive Functions.)

White House Border Czar Tom Homan confirmed that ICE agents will be deployed to U.S. airports on Monday to support Transportation Security Administration personnel with security screening amid the ongoing shutdown of the Department of Homeland Security. (NYT.)

The New York Times reports the Secretary of State Marco Rubio declared a wartime emergency to trigger authority for more than $23 billion in arms sales to the U.A.E., Kuwait, and Jordan without new congressional approval. (NYT.)

After the military struck an alleged drug vessel in the eastern Pacific Ocean on Thursday, the U.S. Coast Guard recovered two dead bodies and one survivor from the same area. A spokesman for the Coast Guard stated that the rescue operation occurred after U.S. Southern Command notified them of “three individuals in distress.” (NYT.)

Jack Goldsmith spoke with Cass Sunstein about his new book, Separation of Powers: How to Preserve Liberty in Troubled Times, and why the executive is the most dangerous branch. (Executive Functions.)

Sen. Chuck Schumer contended that the SAVE America Act is part and parcel of a Republican effort, led by President Trump, to undermine the 2026 midterm elections. (NYT.)

Bill Shipley argued that the Supreme Court will likely rule in favor of the Department of Homeland Security in cases involving the department’s attempts to end Temporary Protective Status for Haiti and Syria. (Shipwreckedcrew.)

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

Executive Functions Roundup

Ema Rose Schumer — Fri, 20 Mar 2026 23:16:52 GMT

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Midjourney

Two anonymous former FBI agents filed a complaint on Thursday in the U.S. District Court for the District of Columbia contending that the Justice Department violated their First and Fifth Amendment rights by firing them for working on “Arctic Frost,” an investigation into a conspiracy to overturn the results of the 2020 election that resulted in then-former President Donald Trump’s indictment. (Complaint.) (NYT.)

FBI Director Kash Patel said on Thursday during his testimony before the House Intelligence Committee that FBI agents who had investigated Trump’s mishandling of classified documents at Mar-a-Lago were fired last month for “violating their ethical obligations.” (NYT.) For background on the firings, see the Roundup Library.

President Trump said on Thursday that he has no plans to commit ground troops to the military campaign against Iran. (NYT.)

Defense Secretary Pete Hegseth confirmed on Thursday that the Pentagon is seeking $200 billion in additional funding from Congress to finance U.S. military operations in Iran. “It takes money to kill bad guys,” Hegseth told reporters. (Politico.)

The Department of Education said on Thursday that the Treasury Department will assume responsibility for student loan oversight. According to the Washington Post, the move marks “the first significant effort by the Trump administration to chip away at the student aid office, one of the core functions of the Education Department, as it tries to dismantle the agency.” (WaPo.)

The Senate Homeland Security and Governmental Affairs committee voted 8-7 on Thursday to advance President Trump’s nomination of Sen. Markwayne Mullin to become Secretary of Homeland Security to the full Senate. (WaPo.)

President Trump has reportedly said in conversations with his inner circle that he believes some of his administration’s mass deportation policies went too far and has directed his advisers to pursue a lower-profile immigration enforcement agenda. (WSJ.)

The U.S. Commission of Fine Arts unanimously voted on Thursday to approve a gold coin design bearing Donald Trump’s image. (NYT.)

Alan Z. Rozenshtein argued that the government has a right to stop doing business with Anthropic but may not legally “use extraordinary national security authorities to bypass the ordinary procurement system” built by Congress. (Lawfare.)

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

Executive Functions Roundup

Ema Rose Schumer — Thu, 19 Mar 2026 18:42:24 GMT

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Midjourney

Federal Reserve Chair Jerome Powell said at a news conference on Wednesday that he intends to remain as chair until his successor is confirmed by the Senate. He also stated that he has “no intention of leaving” the Fed until a Justice Department investigation of him is “well and truly over, with transparency and finality.” (WSJ.) For background on the DOJ’s investigation, see a prior Roundup.

Sen. Markwayne Mullin, President Trump’s pick to replace Kristi Noem as Secretary of Homeland Security, told lawmakers during his confirmation hearing on Wednesday that he plans to take a low-profile approach to leading the department and will require ICE agents to obtain judicial warrants before entering homes. (WSJ.)

Director of National Intelligence Tulsi Gabbard declined to characterize the threat Iran posed to the United States during her testimony on Wednesday before the Senate Intelligence Committee, stating “[i]t is not the intelligence community’s responsibility to determine what is and is not an imminent threat.” She said that such determinations fall solely within the president’s discretion. (NYT.)

The Pentagon has reportedly asked the White House to approve an additional $200 billion request to Congress to fund continued U.S. military operations in Iran. (WaPo.)

Senate Republicans on Thursday blocked a resolution for a second time that would have forced President Trump to cease military operations in Iran without prior approval from Congress. (NYT.)

The FBI has reportedly opened an investigation into Joe Kent, the former director of the National Counterterrorism Center, over possibly leaking sensitive intelligence. The probe reportedly predates Kent’s resignation from his position over the U.S. military operation of Iran. (NYT.) For background on Kent’s resignation, see a prior Roundup.

Attorney General Pam Bondi, when privately pressed by lawmakers on Wednesday, reportedly would not commit to sit for a closed-door deposition with the House Oversight Committee regarding the Epstein files. Under questioning, Bondi, who has been issued a subpoena to appear, reportedly told lawmakers she would follow the law. (NYT.)

Voice of America’s parent agency on Wednesday named a former Fox News producer and Newsmax news director as the next deputy director of the government-funded broadcast agency. (NYT.) For background on the Trump administration’s attempt to dismantle Voice of America, see yesterday’s Roundup.

Speaker Mike Johnson is expected next week to put an extension of the spy law known as Section 702 of the Foreign Intelligence Surveillance Act to a vote on the House floor. Some Republicans refuse to support the law, which allows for warrantless surveillance of non-Americans abroad but sweeps in some Americans’ communications. (Politico.)

Andrew Kent argued that courts should enforce Congress’s limits on delegations of emergency power and declare President Trump’s invocation of the Alien Enemies Act unlawful. (Lawfare.)

Scott Busby, Mary Giovagnoli, Harold Hongju Koh, and Michael Posner argued in advance of oral arguments before the Supreme Court in Noem v. Al Otro Lado that the Trump administration’s “turnback” policy—physically blocking asylum seekers from accessing a port of entry and then denying them the right to apply for asylum because they have not crossed the border—is morally troubling and legally wrong. (Just Security.)

Bill Shipley argued that Judge James Boasberg’s order quashing grand-jury subpoenas regarding Federal Reserve Chair Jerome Powell “is wrong on the law.” (Shipwreckedcrew.)

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

Executive Functions Roundup

Ema Rose Schumer — Wed, 18 Mar 2026 15:16:46 GMT

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Midjourney

The Eleventh Circuit on Tuesday denied President Trump’s petition for a rehearing en banc in a libel lawsuit filed against CNN in 2022 that was dismissed with prejudice by Judge Raag Singhal (S.D. Fla.) in 2023. The dismissal was affirmed by a three-judge panel of the Eleventh Circuit in November 2025. (Order.)

The Metropolitan Transportation Authority sued the federal government on Tuesday in the U.S. Court of Federal Claims over the suspension of contractually obligated funding for a subway construction project in New York City. (Complaint.) (WSJ.)

Judge Royce Lamberth (D.D.C.) on Tuesday vacated and set aside all actions taken by the U.S. Agency for Global Media pursuant to a March 2025 memorandum to reduce Voice of America to the “statutory minimum,” including the placement of 1,042 employees on administrative leave, the suspension of broadcasting, and the termination of non-contractor staff. (Order.) (Memorandum Opinion.) (Politico.) For background, see a prior Roundup.

Chief Justice John G. Roberts called for an end to “personally directed hostility” against judges while speaking publicly at Rice University on Tuesday and said that personal attacks aimed at judges and justices are “dangerous.” (Conversation.) (NYT.)

In a letter sent Tuesday to two Republicans on the Senate Appropriations Committee, White House officials outlined “common-sense operational improvements to federal immigration enforcement operations” the administration would be willing to implement in order to fully restore funding to the Department of Homeland Security. (Letter.) (WaPo.)

The New York Times reports that officials from both parties are concerned the Trump administration’s dismantling of the Cybersecurity and Infrastructure Security Agency’s election security work has left states without a key federal partner ahead of the 2026 midterm elections. (NYT.)

Senate Republicans on Tuesday voted to open debate on the SAVE America Act, which would impose strict new voter eligibility rules. (WSJ.) The Wall Street Journal Editorial Board criticized the bill and argued that “the SAVE America Act wouldn’t turn blue states red, and it can’t save voter anger at unpopular policies.” (WSJ.)

Oil has begun flowing through a California pipeline that has been closed since a 2015 spill after President Trump invoked the Defense Production Act in an executive order authorizing the energy secretary to order the restart of the pipeline’s operations. (NYT.)

Lawyers for Brian Cole Jr., the man charged with planting bombs near the Capitol on Jan. 6, 2021, argued in a Monday court filing that he is covered by President Trump’s Jan. 6 pardon, a claim the White House disputes. (Motion.) (Politico.)

Troy Edwards, Bruria Haya Friedman-Feldman, and Vishnu Kannan argued that the Trump administration’s cuts to national security agencies have weakened the U.S.’s ability to detect and prevent potential Iranian retaliation at home. (Lawfare).

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

Executive Functions Roundup

Ema Rose Schumer — Tue, 17 Mar 2026 17:55:26 GMT

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Midjourney

The Supreme Court on Monday granted certiorari before judgment in two consolidated cases challenging the Department of Homeland Security’s termination of Temporary Protected Status designations for Syria and Haiti, while deferring action on the government’s request for a stay. The justices will hear argument in April. (Order.) Chris Geidner summarized the cases. (Law Dork.) Steve Vladeck argued that the cases “are a referendum on the judicial role—and on the emergency docket, in particular.” (One First.)

A three-judge panel of the First Circuit on Monday granted the Trump administration’s emergency motion for a stay pending appeal of a lower court order blocking the administration’s third-country deportations policy. (Order.) (NYT.) For background on the litigation, see a prior Roundup.

Judge Brian E. Murphy (D. Mass) on Monday granted in part plaintiffs’ request for a preliminary injunction in American Academy of Pediatrics v. Kennedy. His order blocks key portions of the Department of Health and Human Services’ overhaul of immunization recommendations issued by the Centers for Disease Control and Prevention while the case proceeds. (Order.) (NYT.)

The director of the National Counterterrorism Center, Joe Kent, on Tuesday announced his resignation due to concerns with the war in Iran. “Iran posed no imminent threat to our nation, and it is clear that we started this war due to pressure from Israel and its powerful American lobby,” he stated. (X.) (WSJ.)

The Washington Post reports that U.S. intelligence assessments indicate Iran’s regime is likely to remain in power despite sustained U.S. and Israeli airstrikes. (WaPo.)

According to the New York Times, the Trump administration is seeking to remove Cuban President Miguel Díaz-Canel from power. (NYT.) President Trump told reporters Monday that “I do believe I will be having the honor of taking Cuba.” (NYT.)

The BBC on Monday moved to dismiss President Trump’s libel suit in the U.S. District Court for the Southern District of Florida. The motion contends that the court lacks personal jurisdiction, the complaint fails to plausibly allege defamation, and the challenged statements constitute protected expressions of opinion. (Motion.) (Politico.) For background on the lawsuit, see a prior Roundup.

The board of trustees for the John F. Kennedy Center voted Monday to approve President Trump’s plan to close the venue for two years for renovations expected to cost roughly $200 million. (WaPo.)

The Washington Post reports that the Department of Homeland Security has not issued updated public threat assessments despite the escalating war with Iran and a recent string of violent incidents in the United States. (WaPo.)

Bob Bauer called for debate among the legal profession “to review and clearly define the ethical obligations that lawyers in the Department of Justice and throughout the government have” in light of current conflicts over the bar disciplinary process. (Executive Functions.)

Ilya Somin argued that President Trump’s executive order on birthright citizenship is at odds with the 14th Amendment’s Citizenship Clause. (Lawfare.)

Adam Unikowsky used artificial intelligence to evaluate the government’s claim that it cannot comply with court-ordered tariff refunds. (Adam’s Legal Newsletter.)

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

Executive Functions Roundup

Ema Rose Schumer — Mon, 16 Mar 2026 17:32:31 GMT

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Midjourney

Judge James Boasberg (D.D.C.) on Friday unsealed a March 11 order granting a motion by the Board of Governors of the Federal Reserve to quash grand-jury subpoenas seeking the Fed’s records related to building renovations and Chair Jerome Powell’s congressional testimony. Judge Boasberg ruled that the Justice Department had “produced essentially zero evidence to suspect Chair Powell of a crime” and that the subpoenas were likely issued for the improper purpose of pressuring Powell over monetary policy. (Memorandum Opinion.) (NYT.) Chris Geidner unpacked the Trump administration’s “stumbling effort to target the Fed.” (Law Dork.)

Judge Allison D. Burroughs (D. Mass.) on Friday issued an administrative stay blocking the Department of Homeland Security from terminating Somalia’s Temporary Protected Status designation. (Memorandum and Order.) (NYT.)

The Justice Department on Friday moved to dismiss with prejudice its criminal case against Jan Carey, a 55-year old veteran who burned an American flag outside the White House in protest of an executive order that seeks to punish flag burning. (Motion.) (NYT.)

President Trump on Sunday criticized the Supreme Court for ruling against him in the tariff case, writing that “Our Country was unnecessarily RANSACKED by the United States Supreme Court, which has become little more than a weaponized and unjust Political Organization.” (Truth Social.)

The United States military on Friday struck Kharg Island, which hosts Iran’s main crude export terminal. U.S. Central Command explained that “U.S. forces successfully struck more than 90 Iranian military targets on Khard Island, while preserving the oil infrastructure.” (X.) (WaPo.)

In a Truth Social post on Sunday, President Trump endorsed a threat by Federal Communications Commission Chairman Brendan Carr to deny or revoke government-issued licenses to broadcasters that reported “fake news” in their coverage of the war in Iran. (WaPo.) Stuart Benjamin analyzed Carr’s statement. (Volokh Conspiracy.)

A Washington Post investigation found that post-DOGE staffing shortages at federal agencies’ Freedom of Information Act offices have caused the government to miss deadlines in at least 26 FOIA lawsuits. (WaPo.)

A federal jury in the Northern District of Texas convicted eight protesters of providing material support to terrorism and related charges for their roles in a July 2025 armed attack on the Prairieland Detention Center, an ICE facility in Alvarado, Texas. The New York Times reported that their conviction marks the first successful terrorism prosecution against individuals accused of ties to “antifa.” (NYT.)

The State Department announced on Friday it will reduce the fee to renounce U.S. citizenship from $2,350 to $450, effective April 13. (NYT.)

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

Executive Functions Roundup

Augustus Bayard — Fri, 13 Mar 2026 16:16:11 GMT

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Midjourney

The Ninth Circuit, sitting en banc, denied a motion to stay removal of a noncitizen and lifted a temporary stay previously entered in an immigration case. The court vacated a prior panel decision that had criticized the court’s practice of automatically granting stays of removal pending appeal, prompting separate opinions by Chief Judge Mary Murguia and Judge Eric Tung debating the legality of that practice. (Order.) Ed Whelan summarized the judges’ disagreement. (National Review.) Josh Blackman argued that the case illustrates what he described as the Ninth Circuit’s “shadow docket,” through which the court routinely grants administrative stays of removal without explanation. (Volokh Conspiracy.)

Judge Manish S. Shah (N.D. Ill.) partially granted a motion filed by Illinois, California, Colorado, and Minnesota for a preliminary injunction blocking the Office of Management and Budget from directing agencies to cut certain federal grant funding to the four states based on their status as “sanctuary” jurisdictions. (Order.)

A shooting at Old Dominion University in Norfolk, Virginia, on Thursday left one person dead and two injured after a gunman—identified by authorities as Mohamed Bailor Jalloh, a former Army National Guard member previously convicted of attempting to support the Islamic State—opened fire in a classroom. Authorities are investigating the attack as a possible act of terrorism. (WSJ)

The Department of Homeland Security identified the man suspected of ramming a car into a synagogue in Michigan on Thursday as Ayman Mohamad Ghazali, a naturalized U.S. citizen originally from Lebanon. The FBI said it is investigating the attack as a “targeted act of violence against the Jewish community.” (WaPo.)

U.S. Central Command announced on Friday that all six American crew members of a KC-135 refueling plane that crashed in Iraq on Thursday “are now confirmed deceased.” (X.) (NBC.)

A Politico analysis found that petitions for habeas corpus have notably declined since the Trump administration pulled back from Operation Metro Surge in Minnesota, dropping from about 300 to 400 petitions per day from Jan. 16 to Feb. 17 to around 200 per day by early March. (Politico.)

The New York Times reports that the head of the General Services Administration criticized a proposal from the judiciary to transfer management of courthouse buildings from the agency to the courts. (NYT.) For background, see a previous Roundup.

The Department of Justice filed a notice in a case brought by the New York Times over Pentagon press credentials clarifying statements made at a recent hearing. The notice asserted that Defense Department policy governing Pentagon press access relies on an “objective standard” focused on security or safety risks, rather than a “more subjective” one. (Notice of Clarification.)

Newly released footage of a 2025 shooting in South Padre Island, Texas, shows the moments before an ICE agent fatally shot Ruben Ray Martinez, a 23-year-old U.S. citizen. Federal officials have claimed that Martinez intentionally ran over an officer; according to the New York Times, the “footage leaves the truth murky.” (NYT.)

The New York Times reports that the Trump administration has increasingly used lawsuits and rapid settlements with politically aligned states to implement policy changes without waiting for legislative action. (NYT.)

Sarah Fitzpatrick and Missy Ryan wrote about Defense Secretary Pete Hegseth’s review of the military’s legal corps, which could reorganize and potentially reduce the ranks of judge advocates general. (The Atlantic.)

Chris Geidner argued that a Justice Department news release referring to “President Trump’s Justice Department” reflects the Trump administration’s view that the department operates as an instrument of the president. (Law Dork.)

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

Executive Functions Roundup

Augustus Bayard — Thu, 12 Mar 2026 14:36:31 GMT

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Midjourney

The Justice Department on Wednesday filed an application requesting the Supreme Court to stay a district court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate Haiti’s Temporary Protected Status designation. The government also asked the court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. (Application.) (NYT.)

Anthropic on Wednesday asked the D.C. Circuit for a stay pending judicial review of the Defense Department’s designation of the company as a supply-chain risk to national security under 41 U.S.C. § 4713. The company argued that absent “immediate judicial intervention,” the designation “will inflict escalating and irreparable harm on Anthropic and upend the statutory framework Congress enacted to govern supply-chain security determinations.” (Emergency motion.) (Reuters.)

Attorneys general representing 17 states filed a complaint on Wednesday in the U.S. District Court for the District of Massachusetts seeking a stay of a Department of Education policy requiring universities to disclose applicant data disaggregated by race and sex as a tool to track institutions of higher education’s compliance with Students for Fair Admissions v. Harvard. (Complaint.) (NYT.)

The Justice Department on Tuesday appealed a magistrate judge’s order blocking the government from searching a Washington Post reporter’s electronic devices that were seized by the FBI as part of an investigation into an alleged unauthorized disclosure of classified information. (Brief.) (WaPo.) For background on the litigation, see a prior Roundup.

The Wall Street Journal reported that President Trump personally ordered the Justice Department to reverse its decision to abandon its defense of the president’s executive orders targeting law firms. (WSJ.) For background, see a prior Roundup.

A bipartisan group of senators on Wednesday urged the Government Accountability Office to review and report to Congress on the Justice Department’s handling of its release of documents pertaining to its investigation of Jeffrey Epstein. (Letter.) (WaPo.)

The Trump administration announced on Wednesday that it has initiated investigations under Section 301 of the Trade Act of 1974, which allows the president to issue tariffs to remedy unfair foreign trade practices. (Notice.) (WSJ.) For background on the government’s changing tariff policies, see the Roundup Library.

Geoffrey Corn and Orde Kittrie argued that the U.S. military’s attacks on Iran are justified under international law as part of a long-term ongoing conflict with Iran. (WaPo.)

Corn and Claire O. Finkelstein argued that Congress’s failure to pass a resolution restricting the president’s use of the military in Iran should not be construed as tacit approval. (Lawfare.)

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

Executive Functions Roundup

Ema Rose Schumer — Wed, 11 Mar 2026 17:10:53 GMT

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Midjourney

The Democratic National Committee filed a complaint against the Trump administration on Tuesday in the U.S. District Court for the District of Columbia seeking an injunction to compel government agencies to comply with the DNC’s Freedom of Information Act requests for records concerning “potential deployment of federal agents and troops to polling places, drop boxes, and election offices.” The FOIA requests were sent to the Justice Department, Department of Defense, and Department of Homeland Security. (Complaint.) (NYT.)

Top Senate Democrats demanded in a Tuesday letter to President Trump that he make Defense Department Secretary Pete Hegseth and Secretary of State Marco Rubio immediately available to publicly testify under oath before lawmakers on the U.S. military’s operations in Iran. (Letter.) (NYT.)

The New York Times reported that an ongoing military investigation has initially determined that the U.S. was responsible for a deadly Tomahawk missile strike on an Iranian elementary school on Feb. 28. The preliminary report determined the bombing was the result of a targeting error due to outdated defense intelligence. (NYT.)

As the U.S. continues military operations in Iran, Politico reported that Secretary Hegseth has gutted Pentagon offices that do not contribute to his goal of “lethality,” including the oversight group responsible for limiting risk to civilians. (Politico.)

Polling suggests that public support for the U.S. strikes on Iran is lower than what it has been at the beginning of previous conflicts. (NYT.)

The parent company of Smartmatic USA filed a motion on Tuesday in the U.S. District Court for the Southern District of Florida to dismiss a bribery prosecution brought by the Justice Department on the basis of vindictive and selective prosecution. Smartmatic has pursued defamation litigation against President Trump’s allies for accusing the company, which operates electronic voting technology, of committing fraud in the 2020 presidential election. (Motion.) (NYT.)

The White House is reportedly preparing to issue an executive order that would direct federal agencies to remove Anthropic software from government systems. (Axios.) For background on the Trump administration’s dispute with Anthropic, see the Roundup Library.

The District of Columbia Court of Appeals’ Board on Professional Responsibility initiated disciplinary proceedings against senior Justice Department official Ed Martin for a letter he sent to Georgetown Law School when he was interim U.S. Attorney for the District of Columbia announcing sanctions against the school for teaching and promoting “DEI.” (Specification of charges.) (WaPo.)

Steve Vladeck argued that U.S. courts’ hesitancy to decide questions on the legality of U.S. military operations in foreign conflicts “might make sense in a world with a moderately functioning Congress,” but there are “costs of such judicial abdication when Congress has abandoned any semblance of institutional responsibility.” (One First.)

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

Executive Functions Roundup

June Lee — Tue, 10 Mar 2026 17:50:21 GMT

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Midjourney

Judge Randolph D. Moss (D.D.C.) on Sunday partially vacated a Department of Justice interim rule that would have sharply curtailed appeals before the Board of Immigration Appeals. Judge Moss held that the government violated the Administrative Procedure Act by implementing key provisions, including a presumption of summary dismissal of appeals, without notice and comment. (Opinion.) (NYT.)

Judge Matthew W. Brann, sitting by designation in the District of New Jersey, ruled that DOJ’s current three-person leadership structure for the U.S. Attorney’s Office for the District of New Jersey violates the Appointments Clause. He concluded that Attorney General Pam Bondi’s delegation of authority to the “triumvirate” amounted to an unlawful appointment and ordered the officials’ disqualification but did not automatically void their prior actions. He stayed his decision pending appeal. (Opinion.) (Politico.)

A nonprofit focused on the social impact of technology filed a lawsuit in the U.S. District Court for the District of Columbia challenging a State Department policy that threatens deportation, detention, and visa restrictions for foreign social media researchers the government deems “complicit in censoring Americans.” (Complaint.) (NYT.)

Anthropic on Monday filed a petition for review in the D.C. Circuit challenging the Department of Defense’s determination that its products pose a supply-chain risk to national security. (Petition for review.) Separately, see yesterday’s Roundup for background on the company’s lawsuit in the Northern District of California.

The Justice Department’s Office of Legal Counsel concluded in a March 3 opinion that President Trump could invoke the Defense Production Act to preempt California law and order the resumption of oil production and pipeline operations associated with the Santa Ynez Unit off the California coast. (Opinion.) (NYT.)

Defense Secretary Pete Hegseth stated that the United States “will not relent” until Iran “is totally and decisively defeated” during a joint press conference with Chairman of the Joint Chiefs Gen. Dan Caine on Tuesday morning. (WSJ.)

The Washington Post reports that the FBI has obtained records from the Arizona state Senate’s 2021 review of Maricopa County’s 2020 presidential ballots after a federal grand jury issued a subpoena as part of an investigation into election fraud claims. (WaPo.)

Federal prosecutors in the Southern District of New York reached a tentative deferred prosecution agreement with the Turkish state-owned bank Halkbank to resolve charges that it helped evade U.S. sanctions on Iran. (NYT.)

Justices Ketanji Brown Jackson and Brett Kavanaugh on Monday evening offered diverging views on the Supreme Court’s handling of the Trump administration’s interim order applications. (NYT.)

Bob Bauer proposed that Congress pass a joint resolution clearly stating its constitutional interpretation of presidential war powers, an approach that could challenge expansive executive war-making claims when a vote to stop the Iran conflict at this stage will fail. (Executive Functions.)

Brian Finucane argued that Congress should be prepared to leverage the power of the purse to curtail further executive war-making should the conflict in Iran continue. (Just Security.)

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

Executive Functions Roundup

Ema Rose Schumer — Mon, 09 Mar 2026 18:19:09 GMT

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Midjourney

A three-judge panel of the D.C. Circuit on Friday denied the Trump administration’s motion for a stay pending appeal of a lower court order blocking then-Homeland Security Secretary Kristi Noem from terminating Haiti’s temporary protected status designation. (Order.) (NYT.) See the Roundup Library for background.

Judge Royce C. Lamberth (D.D.C.) ruled on Saturday that Kari Lake’s appointment as acting CEO of the U.S. Agency for Global Media was invalid under the Appointments Clause and Vacancies Act. Judge Lamberth voided all actions taken by Lake in her post, including her ordering of mass firings at Voice of America (VOA), a federally-funded organization that provides news services to foreign countries. (Memorandum opinion.) (Law Dork.) (Politico.) For background on litigation challenging the Trump administration’s dismantling of VOA, see a previous Roundup.

Anthropic on Monday filed a lawsuit against several U.S. government departments and senior officials in the U.S. District Court for the Northern District of California challenging the company’s designation as a supply-chain risk to national security. The complaint alleges that in addition to “immediate economic harms” arising from cancelled government contracts, Anthropic faces reputational costs and a loss of its First Amendment freedoms. (Complaint.) (WSJ.)

The Justice Department asserted that “[c]ourts cannot tell the president what to say” in a brief filed Friday in the D.C. Circuit supporting its appeal of district court orders invalidating Trump’s executive orders targeting law firms. (NYT.) For background, see a previous Roundup.

The Florida Bar on Friday said that it was not investigating Lindsey Halligan, the former interim U.S. Attorney for the Eastern District of Virginia. A bar spokesperson said counsel for the organization had “erroneously” stated previously that there was a “pending investigation” into Halligan for her role in prosecuting President Trump’s political foes. (WaPo.) For background, see a prior Roundup.

U.S. Central Command announced on Sunday that a seventh American service member has been killed in action during Operation Epic Fury. (Statement.) (WaPo.)

The Washington Post reported that a classified National Intelligence Council report completed a week before the U.S. launched attacks on Iran warned that a “large-scale assault on Iran launched by the United States would be unlikely to oust the Islamic republic’s entrenched military and clerical establishment.” (WaPo.)

Axios reported that the U.S. and Israel have discussed sending special forces into Iran to seize the country’s nuclear stockpile. (Axios.)

The New York Times reported that a video released on Sunday by an Iranian government news organization suggests that an American Tomahawk missile likely hit an Iranian elementary school where 175 people were reportedly killed. On Saturday, President Trump told reporters that Iran was responsible for the school bombing. (NYT.)

The American military is deploying artificial intelligence in its campaign against Iran to gather intelligence, select targets, assess battle damage, and more. (WSJ.)

The Trump administration has reportedly scaled back its immigration law enforcement tactics, foregoing dragnet sweeps of American cities in favor of more targeted operations. (NYT.)

A Wall Street Journal investigation found that the Department of Homeland Security “has turned its force against [American] citizens,” who have been “declared terrorists and attackers” and had personally identifying information exposed in hundreds of social-media posts by the U.S. government. (WSJ.)

The New York Times identified Michigan, Georgia, North Carolina, and Arizona as states where the Trump administration or its allies may focus their energy to assert control over elections, citing alleged fraud. (NYT.) The FBI in recent days has subpoenaed records related to the 2020 election in Arizona’s Maricopa County, a state senator confirmed on Monday. (NYT.)

U.S. Southern Command announced on Sunday that the U.S. military killed six people in a lethal strike on a boat suspected of trafficking narcotics in the Eastern Pacific. (NYT.)

The Trump administration this month unveiled its national cybersecurity strategy, which calls on private companies to take on an unprecedented role in cyberwarfare. (Cyber Strategy.) (NYT.)

Jack Goldsmith explained why there are no effective legal or bureaucratic constraints on President Trump’s discretion to deploy nuclear weapons in Iran and urged Congress to engage “with the White House on the aims and conduct of the growing war with Iran, including extreme scenarios.” (Executive Functions.)

Andrew C. McCarthy argued that the further the U.S. is from an actual foreign threat, the greater the president’s political need for congressional support. (National Review.)

Harold Hongju Koh, Bruce Swartz, Avi Gupta, and Brady Worthington argued that the Pentagon, through designating Anthropic a supply chain risk, distorted a federal statute to “mete out constitutionally forbidden punishment.” (Just Security.)

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