Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The House of Representatives on Wednesday adopted a resolution directing President Trump “to remove U.S. Armed Forces from hostilities against Iran unless explicitly authorized by a declaration of war or a congressional authorization for use of military force against Iran.” Four Republicans joined Democrats in passing the measure. (Roll Call.) (NYT.)
Kilmar Abrego Garcia’s attorneys on Tuesday filed supplemental evidence in his habeas case highlighting testimony from Homeland Security Secretary Markwayne Mullin that the administration would be “happy” to send Abrego Garcia to Costa Rica if he agreed to go there. Mullin’s remarks appeared to contradict the government’s longstanding position on Abrego Garcia’s removal. (Notice.) (NYT.)
Federal investigators found multiple instances of detainee mistreatment at an ICE detention facility in Louisiana last year, including officers’ use of excessive force against detainees, according to a previously undisclosed Department of Homeland Security inspector general report reviewed by The New York Times. (NYT.)
Bob Bauer argued that Congress should vigorously oppose President Trump’s selection of Bill Pulte as acting director of national intelligence. (Executive Functions.)
Madison Hunke argued that Congress should use the FY2027 defense authorization and appropriations bills to act on the Defense Department inspector general’s recent finding that the department is violating its civilian harm policy. (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.
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.




