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Two legal teams challenging the administration’s Anti-Weaponization Fund on Tuesday filed court papers expressing skepticism that the Department of Justice would follow through with its stated plan to abandon the $1.8 billion fund. (Reply.) (Expedited Motion.) (NYT.)
Politico reports that Patrick Davis, assistant attorney general for legislative affairs, sought to recuse himself from matters involving the administration’s proposed Anti-Weaponization Fund because he planned to seek compensation for the government’s seizure of his communications records while investigating the Russia probe as a Senate staffer. A DOJ spokesperson said that the recusal effort was “precautionary” and “after internal consultation, it was decided that recusal was not necessary for a number of reasons.” (Politico.)
The Wall Street Journal reports that White House officials have directed a government artificial-intelligence testing unit to halt publication of its public AI-model assessments while a new executive order on AI innovation and security is implemented. (WSJ.)
The New York Times reports that despite having “occasionally assumed an adult-in-the-room role” at the Justice Department, acting Attorney General Todd Blanche “has more often been a speed bump, rather than a stop sign,” in executing the president’s demands. (NYT.)
Bob Bauer argued that Blanche’s nomination as attorney general raises broader concerns about the erosion of Justice Department ethics rules and conflict-of-interest safeguards in Trump 2.0. (Executive Functions.)
Ed Whelan discussed a federal judge’s “puzzling” ruling against President Trump’s $100,000 H-1B visa fee. (National Review.) For background on the opinion, see yesterday’s Roundup.
Andrew McCarthy wrote that the DOJ has not deported Kilmar Abrego Garcia to Costa Rica because it is using that outcome “as leverage to pressure him to plead guilty to the criminal charges—with the threat that it would send him to an African country, to which he objects, if he continues contesting the charges.” (National Review.)
Chris Geidner reported on a pair of hearings in challenges to the Justice Department’s efforts to obtain records related to gender-affirming care for minors. (Lawdork.)
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.