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A three-judge panel of the U.S. Court of International Trade on Thursday struck down President Trump’s proclamation imposing a 10 percent across-the-board tariff under Section 122 of the Trade Act of 1974. The majority granted summary judgment and a permanent injunction to importer plaintiffs Burlap and Barrel, Basic Fun, Inc., and the state of Washington, while dismissing the claims of the remaining states for lack of standing. (Judgment.) (NYT.) Ilya Somin explained that the “decision rests primarily on the ground that the government failed to prove that there is any balance-of-payment deficit of the kind required by the statute.” (Volokh Conspiracy.)
Judge Beryl A. Howell (D.D.C.) granted a motion to enforce her earlier preliminary injunction against warrantless immigration arrests in the District of Columbia. She held that a January 2026 ICE memorandum improperly defined “escape risk” and did not require officers to consider community ties before making warrantless arrests, contrary to her prior order. (Memorandum Opinion.) (NYT.) (WaPo.)
U.S. Central Command announced that “U.S. forces intercepted unprovoked attacks and responded with self defense strikes” as Navy destroyers transited the Strait of Hormuz on Thursday. (X.) President Trump said that the ceasefire with Iran remains in place despite the attacks, telling reporters, “They trifled with us today. We blew them away.” (WaPo.)
The New York Times reports that Saudi Arabia denied the United States access to its airspace and bases for President Trump’s planned naval escort operation through the Strait of Hormuz, which forced the administration to abandon the effort less than 24 hours after it was announced. (NYT.)
Republican Rep. Tom Barrett on Thursday introduced a bill that would authorize military operations in Iran until the end of July and impose limits on the scope of the ongoing campaign. (Joint Resolution.) (NYT.)
News outlets reported that the D.C. Circuit appeared likely to rule against the government in its appeal of a lower court preliminary injunction barring the Defense Department from punishing Sen. Mark Kelly for his comments urging service members to disobey unlawful military orders. (NYT.) (The Hill.) (CNN.) For background on the district court’s ruling, see a prior Roundup.
Lawyers for alleged White House Correspondents’ Dinner gunman Cole Tomas Allen on Thursday moved to disqualify U.S. Attorney Jeanine Pirro and Acting Attorney General Todd Blanche from direct involvement in the prosecution of their client. The motion argues that the officials’ presence at the event and their subsequent public comments about the shooting create at least the appearance of a conflict of interest. (Motion.) (CNN.)
The Wall Street Journal reports that the White House is considering an executive order to create a formal oversight process for advanced AI models after Anthropic’s new Mythos model alarmed senior administration officials, including Vice President Vance. According to the Journal, the administration’s response has left some advisors “fearful that it represents a reversal on AI policy and an overreaction.” (WSJ.)
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.