Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Judge Frances M. Tydingco-Gatwood (D. Guam.) on Monday denied with prejudice the Justice Department’s motion to sanction an immigration lawyer. Judge Tydingco-Gatewood ruled that the lawyer did not act in bad faith despite advancing unsuccessful arguments challenging his client’s removal. (Order.) (Politico.)
Labor Secretary Lori Chavez-DeRemer resigned on Monday amid escalating misconduct allegations. She faced both an internal inspector general investigation and a parallel congressional inquiry into her conduct and use of department resources. (NYT.) (Politico.) Jack Goldsmith examined the role of IGs in Trump 2.0, including earlier aspects of the Labor IG investigation of Chavez-DeRemer, here.
FBI Director Kash Patel sued the Atlantic Monthly Group and staff writer Sarah Fitzpatrick in the District Court for the District of Columbia on Monday over what he called “a sweeping, malicious, defamatory hit piece published on April 17.” The suit alleges that the article, which claimed Patel engaged in excessive drinking and erratic behavior affecting his duties, was published with “actual malice.” It seeks at least $250 million in damages. (Complaint.) (WaPo.)
President Trump’s pick to lead the Federal Reserve, Kevin Warsh, testified before the Senate Banking Committee today. In opening remarks, he stated that the central bank will remain “strictly independent” in setting monetary policy. (Livestream.) (CBS.)
U.S. Customs and Border Protection on Monday launched the CAPE electronic system to begin refunding more than $166 billion in tariffs to importers. (NYT.)
A clash between federal agencies over the use of an anti-drone laser system reportedly prompted the Federal Aviation Administration to temporarily shut down airspace over El Paso in February. The airspace closure was lifted early following intervention by the White House. (NYT.)
Jack Goldsmith criticized the New York Times’ “unfortunately tendentious reporting” about the Supreme Court’s Clear Power Plan memoranda. (Executive Functions.) William Baude argued that the memoranda “don’t tell us anything particularly scandalous about the Court.” (Divided Argument.) Steve Vladeck wrote that the memos are “a remarkable combination of eye-opening and sadly unsurprising.” (One First.)
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.
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.