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Judge Richard Leon (D.D.C.) declined on Wednesday to issue a temporary restraining order blocking the establishment of the administration’s Anti-Weaponization Fund on the ground that the matter “appears to be moot” in light of the administration’s stated plans not to move forward with the fund. (Politico.)
The County of Santa Clara and State of California sued the Department of Homeland Security in the Northern District of California on Wednesday, arguing that the department’s effort to construct and operate an immigration-holding facility in Santa Clara County violates the National Environmental Policy Act, Immigration and Nationality Act, Intergovernmental Cooperation Act, and Administrative Procedure Act. (Complaint.)
The Trump administration is reportedly preparing to deport migrants from Afghanistan, Iran, and Syria to the Central African Republic on Thursday, in what would be the first set of removals to the country. (NYT.) Anjli Parrin and Savi Arvey argued that the move would put migrants’ lives at risk. (Just Security.)
The New York Times reported that Deputy Secretary of Defense Stephen Feinberg previously worked closely with David Rush—the former CIA officer who was arrested after the FBI discovered $40 million in gold bars in his home—on a highly classified effort to spy on China. (NYT.)
William “Chip” Usher argued that U.S. intelligence support for the Israeli strike that killed Iranian Supreme Leader Ali Khamenei upended the executive branch’s longstanding approach to the targeted killing of foreign leaders. (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.
Mullin 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 then-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. The Court heard oral argument on April 29, 2026.
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 Mullin v. Doe. The Court heard oral argument on April 29, 2026.