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Politico reports that Judge Paul Friedman (D.D.C.) appeared skeptical of the Pentagon’s new press access policy during a hearing on Monday. (Politico.) For background on Friedman’s prior ruling, which permanently enjoined the Defense Department from enforcing its previous press credentials policy in a suit brought by the New York Times, see a previous Roundup.
Attorneys for Rep. Eric Swalwell on Monday sent a cease-and-desist letter to the FBI demanding that the bureau refrain from releasing files related to a decade-old investigation into the congressman’s alleged ties to a suspected Chinese spy. (NYT.) See yesterday’s Roundup for background.
The Department of Justice on Monday filed a lawsuit against Minnesota’s Department of Education and State High School League in the District of Minnesota seeking declaratory, injunctive, and damages relief for the state’s “unapologetic sex discrimination against female athletes.” Last year, Minnesota refused to follow a presidential directive on transgender athlete participation in girls’ sports. (Complaint.) (NYT.)
Individuals who stormed the Capitol on Jan. 6, 2021 have filed a class action complaint in the Middle District of Florida seeking tens of millions of dollars in damages under the Federal Tort Claims Act. The suit alleges that Capitol and D.C. police used explosive munitions, chemical agents, projectiles, and physical force against a “peaceful crowd.” (Complaint.) (Politico.)
The Wall Street Journal reports that Attorney General Pam Bondi last week quietly authorized Dan Bishop, a U.S. attorney in North Carolina and former congressman who voted against certifying President Biden’s electoral victory in 2020, to lead nationwide election-related probes and review voter data for potential noncitizen voting. (WSJ.)
In a letter sent Monday to the House and Senate Judiciary Committees, lawyers for a DOJ whistleblower reportedly told lawmakers that the Justice Department’s Office of Inspector General appears to have ignored 20 instances of possible misconduct by the Trump administration. (NYT.) (CNN.)
Federal officials said on Monday that the man accused of ramming a car into a Michigan synagogue on March 12 was “motivated and inspired by Hezbollah’s militant ideology.” (NYT.) For background on the attack, see a previous Roundup.
Bob Bauer and Jack Goldsmith argued that while the Iran war marks “a new nadir in the decline of Congress’s check on presidential war,” lawmakers retain a key leverage point through their control over appropriations. (Executive Functions.)
Quinta Jurecic discussed the Justice Department’s prosecution of Rep. LaMonica McIver, who is accused of “assaulting, resisting, or impeding” federal officers during a confrontation outside an immigration detention center. (The Atlantic.)
Eric Columbus predicted that the Trump administration “will use both the state voter registration lists they have received and the fact that they have not received such lists from other states in an effort to cast doubt on the efforts of the midterm elections.” (Lawfare.)
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. 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 Noem v. Doe.