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Judge Leo T. Sorokin (D. Mass.) on Monday granted summary judgment to a coalition of 20 states challenging President Trump’s proclamation imposing a $100,000 payment requirement on new H-1B visa petitions. Judge Sorokin held that the payment functioned as an unauthorized tax that exceeded the president’s delegated authority under the Immigration and Nationality Act. (Memorandum and Order.) (NYT.)
President Trump on Monday nominated Todd Blanche, his former personal lawyer and current acting attorney general, to serve as attorney general. (Presidential Action.) (NYT.)
The Justice Department announced on Monday that it has “filed denaturalization actions in various U.S. district courts against 17 individuals accused of serious offenses—including sexual abuse of a minor, wire and bank fraud, and distributing drugs wholesale without a license.” (Press Release.) (NYT.) For background on the Justice Department’s push to denaturalize more immigrants, see the Roundup Library.
The New York Times reports that FBI Director Kash Patel’s push to investigate a purported anti-Trump “deep state” conspiracy has “set off cascading crises with U.S. attorneys’ offices, derailed distinguished careers and undercut the Justice Department’s credibility with judges.” (NYT.)
Scott R. Anderson argued that congressional resolutions opposing the war in Iran may have legal significance even if they lack the force of law. (Lawfare.)
David Post argued that acting Attorney General Todd Blanche has not conferred “immunity” or an “audit shield” on President Trump because he is not authorized to do so. (Volokh Conspiracy.)
J. Benton Heath argued that President Trump’s AI executive order reflects the administration’s broader reliance on executive discretion and industry self-regulation. (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.