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Judge Jia M. Cobb (D.D.C.) declined on Monday to immediately block the Department of Homeland Security’s seven-day notice requirement for congressional visits to ICE facilities. She held that lawmakers must amend their lawsuit to challenge the administration’s revised funding rationale and declined to rule on the lawfulness of the policy. (Order.) (NYT.) For background, see a previous Roundup.
Judge Katherine Menendez (D. Minn.) on Friday granted in part a preliminary injunction limiting ICE agents’ use of force and interference with observers and protestors during Operation Metro Surge in Minneapolis. (Order.) (Politico.) In an interview on Sunday, DHS Secretary Kristi Noem denied that her department had used pepper spray, calling the order “a little ridiculous,” and later adding that federal officers “only use those chemical agents when there’s violence happening and perpetuating.” (NYT.) On Monday, the Trump administration appealed Judge Menendez’s ruling to the Eighth Circuit. (Notice of appeal.)
The Pentagon has placed roughly 1,500 active-duty soldiers on alert for potential deployment to Minnesota. (WSJ.) On Friday, Bob Bauer and Jack Goldsmith discussed President Trump’s threat to invoke the Insurrection Act in response to ICE-related unrest in Minneapolis. (Executive Functions.)
The Justice Department has reportedly opened a criminal investigation into Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey in connection with the officials’ alleged interference with federal law enforcement officers’ abilities to do their jobs in the state. (WaPo.)
The Supreme Court will hear oral argument in Trump v. Cook on Wednesday. Federal Reserve Chair Jerome Powell is expected to attend. (WSJ.)
President Trump on Saturday announced that starting Feb. 1, he will impose a 10 percent tariff on eight European nations “until such time as a Deal is reached for the Complete and Total purchase of Greenland.” He stated that the rate will increase to 25 percent on June 1. (Truth Social.) (NYT.) Ilya Somin argued that Trump’s plan to forcibly annex the island is “simultaneously evil, illegal, and counterproductive.” (Volokh Conspiracy.)
The U.S. Trade Representative stated that if the Supreme Court rules against Trump’s use of the International Economic Powers Act to impose tariffs, the administration plans to reestablish tariffs almost immediately using other legal authorities. (NYT.)
President Trump has proposed expanding his Gaza “Board of Peace” into a global conflict-mediation body that would charge $1 billion for permanent seats, according to a draft charter circulated to foreign governments. (WSJ.) Trump threatened to impose 200 percent tariffs on French wines and champagnes to pressure France to join the initiative. (WSJ.)
According to the New York Times, the FBI under Kash Patel’s leadership has undertaken an aggressive effort to scour internal records and release selective materials aimed at discrediting federal officials who investigated President Trump and his allies, relying in part on Republican lawmakers to publicize the information. (NYT.)
White House Press Secretary Karoline Leavitt warned CBS News that President Trump would sue the network if it did not air an interview unedited and in its entirety. (NYT.)
President Trump said he plans to sign an executive order reserving an exclusive broadcast window for the annual Army-Navy football game, seeking to prevent the NCAA from scheduling competing games during the rivalry’s traditional time slot. (Truth Social.) (CBS.) Ed Whelan criticized the statement, noting that the president “does not have the authority to command whatever he wishes via an executive order.” (X.)
Jack Goldsmith spoke with Sai Prakash about his new book, The Presidential Pardon: The Short Clause with a Long, Troubled History. (Executive Functions.)
Nick Bednar argued that the Merit Systems Protection Board, which is responsible for adjudicating federal employment disputes, “is a shell of its former self.” (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. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.