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Judge Richard K. Eaton of the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund all tariffs unlawfully collected under the International Emergency Economic Powers Act. (Order.) (NYT.) (WSJ.) Ilya Somin noted that the scope of the order extends to all businesses that paid the tariffs, not just those that have filed lawsuits. (The Volokh Conspiracy.)
A divided panel of the Fourth Circuit on Wednesday granted the government’s petition for mandamus relief in a lawsuit brought by terminated employees of the U.S. Agency for International Development (USAID) and directed a lower court to issue a protective order preventing the plaintiffs from deposing several named defendants, including Elon Musk. (Order.) For background on the litigation, see a previous Roundup.
The Justice Department said on Wednesday that it plans to appeal a magistrate’s order blocking the government from searching a Washington Post reporter’s electronic devices that the FBI seized as part of a leak investigation. (WaPo.) For background on the case, see a previous Roundup.
The New York Times reported that the Justice Department has failed to build a criminal case against former President Joe Biden and his aides for using the autopen to sign presidential documents. Since retaking office, President Trump has asserted that Biden’s use of the autopen to issue pardons in his last days in office was illegal. (NYT.)
The Justice Department published a proposed rule on Thursday creating a process for reviewing bar complaints against its attorneys. The proposed rule allows the DOJ to request state bar associations suspend proceedings against DOJ lawyers accused of violating ethical rules until the federal agency completes its own review. (Proposed Rule.) (NYT.)
The House Oversight Committee voted on Wednesday to subpoena Attorney General Pam Bondi to testify about the department’s investigation of sex offender Jeffrey Epstein and its release of materials pertaining to the investigation. (NYT.) (WaPo.)
The Senate on Wednesday failed to pass a resolution that sought to block President Trump from ordering further U.S. military action in Iran absent prior congressional approval. (NYT.) (WaPo.)
The New York Times reported that President Trump’s “unilateral decision to launch a war against Iran” threatens to erode all remaining constitutional constraints on a president’s ability to order military attacks. (NYT.)
After the inspector general for the Department of Homeland Security accused agency leadership of obstructing his office’s investigations, Homeland Security Secretary Kristi Noem said Wednesday that the inspector general may access any agency documents provided he follows department procedure by detailing the scope of his probe in a memorandum. The inspector general’s office rejected Noem’s claim that it had failed to do so. (NYT.) For background on the dispute, see yesterday’s Roundup.
Colorado Governor Jared Polis on Thursday criticized the harsh sentence of a Colorado woman and staunch Trump supporter who was found guilty of tampering with voting machines in the 2020 election. The New York Times reported that the governor’s comments signal he may cave to intense pressure from President Trump to grant the woman clemency. (NYT.)
Bob Bauer considered potential reasons for the government’s about-face decision to appeal unfavorable rulings in lawsuits challenging President Trump’s punitive executive orders targeting law firms. (Executive Functions.)
Chris Hardee argued that the Department of Homeland Security’s administrative warrant regime raises serious Fourth Amendment concerns. (Just Security.)
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.
Noem 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 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.