Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Ninth Circuit amended its order for rehearing en banc in Oregon v. Trump to append Senior Judge Jay Bybee’s statement supporting en banc review. Judge Bybee argued that the parties had overlooked the Domestic Violence Clause of the Constitution which, he maintained, required the court to rethink its deference standard adopted in Newsom v. Trump. The Ninth Circuit also appended Judge Eric Tung’s statement respecting the grant of rehearing en banc. Disagreeing with Judge Bybee’s statement, Judge Tung wrote that “judicial interference in a matter assigned to the political branches would be improper” and that state consent is not required for the president to call forth the National Guard. (Amended Order.)
President Trump asserted executive privilege over 4,152 documents requested during discovery in a Jan. 6-related civil suit brought by seven Capitol Police officers. (Status Report.)
Judge James Boasberg (D.D.C.) requested Erez Reuveni and Drew Ensign to appear for questioning as witnesses in his contempt inquiry against the Trump administration for its handling of Alien Enemies Act-based deportation flights to El Salvador. (Order.) (Politico.) For background, see a previous Roundup.
After the Supreme Court heard oral arguments in Trump v. Slaughter on Monday, numerous news outlets reported that a majority of the justices seemed poised to accept the government’s argument that the president has broad removal authority unconstrained by Congress. (NYT.) (WaPo.) (WSJ.)
President Trump on Monday said that it was up to Defense Secretary Pete Hegseth to decide whether to release the full video of the Sept. 2 strike against an alleged drug-trafficking boat. (WaPo.) The 2026 National Defense Authorization Act contains a provision withholding a quarter of Secretary Hegseth’s travel budget until the Pentagon provides the House and Senate Armed Services Committees with “unedited video of strikes conducted against designated terrorist organizations in the area of responsibility of the United States Southern Command.” (Politico.) Scott Anderson and Natalie Orpett criticized Adm. Mitch Bradley’s defense of the second Sept. 2 strike and the Trump administration’s labeling of narcotics smuggling as an “armed attack” justifying military action under international law. (Lawfare.)
President Trump on Monday said he would allow Nvidia to export its H200 chips to China, adding that the U.S. government will receive a 25% cut of Chinese sales. (WSJ.)
Alina Habba on Monday resigned from her position as U.S. Attorney for the District of New Jersey and will now serve as a senior advisor to Attorney General Pam Bondi. (NYT). For background, see a previous Roundup.
Eugene Kontorovich argued that prosecution of drug-traffickers under the Maritime Drug Law Enforcement Act, which extends the jurisdiction of U.S. drug laws to foreign vessels without requiring proof of any connection to the U.S., is less clearly constitutional than the current extraterritorial strikes on drug-trafficking boats. (WSJ.)
Jack Goldsmith talked with University of Minnesota Law School professor Alan Z. Rozenshtein about how artificial intelligence could reshape the modern presidency by easing bureaucratic limits that have traditionally constrained presidential control. (Executive Functions.)
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.