Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Judge Paul L. Friedman (D.D.C.) on Friday granted the New York Times’s motion for summary judgment in a lawsuit challenging the Pentagon’s new press credentials policy on First and Fifth Amendment grounds. Judge Friedman permanently enjoined the Department of Defense from enforcing challenged provisions of the policy and ordered DOD to immediately reinstate the credentials of seven journalists at the Times. (Order.) (Complaint.) (NYT.) For background on the lawsuit, see a prior Roundup.
Judge Royce C. Lamberth (D.D.C.) on Friday vacated a March 23 deadline for reinstating all employees of the U.S. Agency for Global Media placed on administrative leave, while denying the government’s motion for partial stay pending appeal of the court’s underlying March 17 order and requiring it to submit regular status updates on compliance. (Order.) Chris Geidner summarized the ruling. (Law Dork.) For background, see a prior Roundup.
The Justice Department on Friday moved to dismiss with prejudice its case against Heather Danae Lewis, a woman accused of taking part in the disruption of a church service in Minnesota on Jan. 18. While prosecutors did not provide an explanation for the dismissal, Lewis’ lawyer said she was charged due to mistaken identity. (Motion.) (NYT.)
The Justice Department on Friday filed a motion to dismiss with prejudice charges against two former Louisville-Metro police officers involved in drafting a no-knock search warrant that led to the shooting of Breonna Taylor in 2020. (Motion.) (NYT.)
The Justice Department on Friday sued Harvard College in the U.S. District Court for the District of Massachusetts under Title VI of the Civil Rights Act of 1964 over the school’s alleged refusal to take action against antisemitism. The suit claims Harvard remained “deliberately indifferent” despite its awareness of discrimination against Jewish and Israeli students and seeks to both compel Title VI compliance and rescind of billions of dollars in federal funding for breach of contract. (Complaint.) (NYT.)
President Trump on Monday stated that the United States and Iran have begun negotiating a “total resolution of our hostilities in the Middle East.” (NYT.)
Following the passing of former FBI Director Robert Mueller on Friday, President Trump wrote, “Good, I’m glad he’s dead.” (NYT.) (Truth Social.) Bob Bauer argued that Mueller’s passing should “prompt reflection on what has become of leaders in the legal community who have been widely thought able to transcend political differences, and help to resolve complex, divisive problems beyond the capacities of a polarized political class.” (Executive Functions.)
White House Border Czar Tom Homan confirmed that ICE agents will be deployed to U.S. airports on Monday to support Transportation Security Administration personnel with security screening amid the ongoing shutdown of the Department of Homeland Security. (NYT.)
The New York Times reports the Secretary of State Marco Rubio declared a wartime emergency to trigger authority for more than $23 billion in arms sales to the U.A.E., Kuwait, and Jordan without new congressional approval. (NYT.)
After the military struck an alleged drug vessel in the eastern Pacific Ocean on Thursday, the U.S. Coast Guard recovered two dead bodies and one survivor from the same area. A spokesman for the Coast Guard stated that the rescue operation occurred after U.S. Southern Command notified them of “three individuals in distress.” (NYT.)
Jack Goldsmith spoke with Cass Sunstein about his new book, Separation of Powers: How to Preserve Liberty in Troubled Times, and why the executive is the most dangerous branch. (Executive Functions.)
Sen. Chuck Schumer contended that the SAVE America Act is part and parcel of a Republican effort, led by President Trump, to undermine the 2026 midterm elections. (NYT.)
Bill Shipley argued that the Supreme Court will likely rule in favor of the Department of Homeland Security in cases involving the department’s attempts to end Temporary Protective Status for Haiti and Syria. (Shipwreckedcrew.)
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.




