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A three-judge panel of the Ninth Circuit on Friday refused to stay a district court decision enjoining the Trump administration from deploying members of the California National Guard in Los Angeles. The panel temporarily stayed the portion of the district court’s order directing the government to return control of the National Guard to Governor Newsom. (Order.) (NYT.)
A three-judge panel of the D.C. Circuit on Friday issued an administrative stay temporarily blocking Judge Boasberg from holding hearings on whether Homeland Security Secretary Kristi Noem and others should be found in criminal contempt of court for deporting two planeloads of alleged Venezuelan gang members to a prison in El Salvador in violation of the court’s order. (Order.) (Government’s Emergency Petition.) (Bloomberg.) For background, see the Roundup Library.
A three-judge panel of the First Circuit on Friday ruled that Planned Parenthood is unlikely to succeed in its claims that the provision of the “Big, Beautiful Bill” denying its members Medicaid funds is unconstitutional and vacated a district court order preliminarily enjoining the law. (Opinion.) (Courthouse News.)
Judge Colleen Kollar-Kotelly (D.D.C.) on Friday ruled that the Department of Justice (DOJ) unlawfully accessed files seized from Columbia professor Daniel Richman in 2019 and 2020. The ruling allows the DOJ to seek a new search warrant to access the documents, which the department sees as critical in its attempt to reindict former FBI Director James Comey. (Memorandum Opinion.) (NYT.)
Magistrate Judge Zia M. Faruqui (D.D.C.) on Friday granted the government’s motion to partially unseal redacted copies of its application for a seizure warrant, the affidavit in support, and the warrant to seize the Skipper, a sanctioned oil tanker stopped off the coast of Venezuela. (Order.)
An immigration judge on Thursday night issued an order purporting to “[c]orrect[] [s]crivener’s [e]rror” in a 2019 order of withholding of removal against Kilmar Abrego Garcia, amending the order to include an order of removal. Abrego Garcia on Friday petitioned the U.S. District Court for the District of Maryland for a temporary restraining order barring the government from re-detaining him until there is a hearing on the legality of detention. (Emergency Motion.) For analysis, see Andrew McCarthy. (National Review.)
The Department of Homeland Security (DHS) on Friday asked a Ninth Circuit panel to stay a preliminary injunction that prohibits federal agents from using excessive force against journalists and peaceful protesters at demonstrations in Southern California, arguing that the injunction, whose protection extends beyond the two named plaintiffs, is overbroad. (Courthouse News.)
The attorneys general of 20 states on Friday sued the Trump administration over its decision to impose a $100,000 fee on H-1B visas. (Complaint.) (NYT.)
The Trump administration on Thursday sued Fulton County, Georgia, seeking to obtain “all used and void ballots, stubs of all ballots, signature envelopes, and corresponding envelope digital files from the 2020 General Election in Fulton County.” (Complaint.) (NYT.)
The National Trust for Historic Preservation in the United States on Friday sued the Trump administration over its demolition of the East Wing, arguing the commencement of, and continued work on, the Ballroom Project is illegal and requesting an injunction blocking the government from continuing work on the Ballroom Project until it has been reviewed and authorized by federal commissions and Congress. (Complaint.) (WSJ.)
President Trump on Thursday signed an executive order aimed at preempting state regulation of artificial intelligence. (Executive Order.)
Julianne Murray, who was initially appointed interim U.S. Attorney in Delaware and, upon the 120-day interim term’s expiration, was named acting U.S. Attorney, abruptly resigned on Friday, following the Third Circuit ruling that the Trump administration unlawfully installed Alina Habba as acting U.S. Attorney in New Jersey. (Murray’s statement.) (Bloomberg.)
Politico reported that the Trump administration is denying requests by importers for tariff refunds and “racing to deposit the money it’s raised from tariffs into the U.S. Treasury,” which would make it more difficult for companies to get refunds for tariffs the Supreme Court may strike down. (Politico.)
Thomas E. Brzozowski argued that Attorney General Pam Bondi’s Dec. 4 memo on “‘Countering Domestic Terrorism and Organized Political Violence’… turns domestic terrorism authorities into a standing program for targeting one broad ideological camp, while the administration[]... claims… to reject ‘ideological monitoring’ and ‘pretextual’ uses of power.” (Lawfare.)
Jason Willick argued that the Supreme Court in Trump v. Slaughter should “force a more fundamental rethink of… agencies’ power to bring them in line with the Constitution. It could rule that the removal protections… make the whole scheme unconstitutional… [o]r it could remand the case to lower courts to decide which functions of independent agencies are constitutionally permissible given their political insulation, and which involve significant executive power that the president needs to control.” (WaPo.)
Ramesh Ponnuru (WaPo) and John Yoo (Fox News) explained the debate around the phrase “subject to the jurisdiction thereof,” and argue the phrase does not support President Trump’s birthright citizenship executive order.
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. Illinois: The government filed an emergency application on October 17 requesting the Supreme Court stay a district court order barring the deployment of the National Guard to Illinois. Justice Barrett formally set a deadline of October 20 for a response to the application. Illinois and the City of Chicago submitted a response on October 20. President Trump filed a reply on October 21. On October 29, Justice Barrett requested supplemental briefs to be filed by November 10. President Trump, as well as Illinois and the City of Chicago, both filed supplemental letter briefs on November 10 and supplemental letter replies on November 17.
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. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.