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A three-judge panel of the D.C. Circuit on Friday upheld a district court ruling that President Trump cannot use a presidential proclamation to bypass the Immigration and Nationality Act’s removal procedures or categorically bar asylum claims by people arriving at the southern border. Writing for the majority, Judge J. Michelle Childs concluded that “the INA’s text, structure, and history make clear that in supplying power to suspend entry by Presidential proclamation, Congress did not intend to grant the Executive the expansive removal authority it asserts.” (Opinion.) (NYT.)
A three-judge panel of the Board of Immigration Appeals on Friday held that Deferred Action for Childhood Arrivals (DACA) status alone does not justify terminating removal proceedings. The panel remanded the case and ordered it transferred to a different immigration judge. (Interim Decision.) (NPR.)
Federal authorities are reportedly investigating a note left by the man suspected of attempting an attack at the White House correspondent’s dinner on Saturday, identified as 31-year-old Cole Tomas Allen. According to the New York Times, the writing expresses anger at the Trump administration and indicates that senior officials were intended targets. (NYT.) Citing the attack on Saturday evening, President Trump and top Justice Department officials pushed for accelerated construction of the proposed White House ballroom, which they said was needed for presidential security. (Truth Social.) (X.) (NYT.) (WaPo.)
The Justice Department said on Friday it will resume federal executions using lethal injection and authorize additional methods, including firing squads, as part of a broader effort to expand the use of the death penalty. (Press Release.) (Report.) (NYT.) Chris Geidner discussed the report accompanying the department’s announcement. (Law Dork.)
Two nonprofit groups on Friday sued the Trump administration in the District of Columbia over an April 2 internal White House directive entitled “Records Retention Policy After Office of Legal Counsel Finding that the presidential Records Act is Unconstitutional.” The lawsuit, brought against President Trump in his official capacity, challenges the policy as unlawfully weakening federal recordkeeping obligations mandated by Congress. (Complaint.) (NYT.) For background on the OLC opinion and another lawsuit brought against it, see Jack Goldsmith’s chat with Marty Lederman. (Executive Functions.)
U.S. Southern Command on Friday conducted another strike on an alleged drug vessel in the Eastern Pacific, killing two. (X.) (NYT.)
President Trump on Friday reportedly ousted multiple members of the National Science Board, an independent body overseeing the National Science Foundation. (WaPo.)
Bob Bauer argued that FBI Director Kash Patel’s libel lawsuits seem to run afoul of the Department of Justice’s ethical standards, concluding that “Patel’s use of private legal action in these circumstances is appropriate for DOJ inspector general review.” (Executive Functions.)
Andrew Weissman critiqued the DOJ’s indictment against the Southern Poverty Law Center. (Just Security.)
Michael W. McConnell argued that many of the Supreme Court’s interim docket decisions “are subject to legitimate criticism, but the wholesale condemnation of the practice is misguided.” (WaPo.)
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.