The Roundup will pause coverage on Dec. 25-26 and Jan. 1 in observance of the holidays. Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Judge James Boasberg (D.D.C.) on Monday ruled that a group of 137 Venezuelan men removed from the United States under the Alien Enemies Act and imprisoned in El Salvador were denied due process and granted their motion for class certification and summary judgment. Judge Boasberg held that the United States maintained constructive custody over the men during their detention abroad and ordered the government to submit its proposal to either facilitate their return or provide hearings satisfying due process requirements by Jan. 5, 2026. (Memorandum Opinion.) (Order.) (Politico.)
Judge Paula Xinis (D. Md.) during a hearing on Monday said that a temporary order barring the Trump administration from re-detaining Kilmar Abrego Garcia will remain in effect pending further briefing. She cited due process concerns and expressed impatience with “misrepresentations” by the government. (WaPo.)
Judge Aileen Cannon (S.D. Fla.) on Monday ordered that her restriction on the release of Volume II of special counsel Jack Smith’s final report concerning President Trump’s handling of classified documents will expire on Feb. 24, 2026. (Order.) (Politico.)
Ohio Rep. Joyce Beatty filed a lawsuit in the U.S. District Court for the District of Columbia challenging the Kennedy Center board’s vote to rename the institution the “Trump Kennedy Center,” seeking declaratory and injunctive relief requiring reversal of physical and digital rebranding. (Complaint.) (WaPo.)
President Trump on Monday reiterated that the United States “needs” Greenland for national security and said Louisiana Gov. Jeff Landry, whom he appointed as special envoy to the territory, would “lead the charge.” (Reuters.) Jack Goldsmith wrote almost a year ago that even if Trump is able to strike some kind of Greenland deal, “he almost certainly cannot carry it out without getting Congress on board.” (Executive Functions.)
The Trump administration ordered nearly 30 career diplomats serving as U.S. ambassadors to leave their posts by mid-January, a move that a spokesperson for the American Foreign Service Association said is without precedent. (NYT.)
Adam Liptak reported on a forthcoming study by Amanda Frost and Emily Eason in the Georgetown Law Journal Online suggesting that post-ratification historical practice complicates the Trump administration’s effort to narrow birthright citizenship under the 14th Amendment. (NYT.) Jonathan Adler wrote that the study provides “powerful circumstantial evidence against the claim that the Amendment sought to constrict birthright citizenship as the Trump Administration claims.” (Volokh Conspiracy.)
A New York Times analysis of government data obtained through litigation shows the Trump administration has expanded interior ICE arrests and prolonged detention, pushing the detained population to a record high of more than 68,000 people in December. The Times noted that “as of December, ICE is on track to deport about 390,000 people in Mr. Trump’s first year.” (NYT.)
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.
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.