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The Federal Circuit Court of Appeals on Monday granted appellees motion to immediately issue the mandates following the Supreme Court’s tariff ruling and at the same time denied the government’s request for a stay. (Order.) CBS News reports that the decision will allow proceedings on tariff refunds to move forward in the U.S. Court of International Trade. (CBS.)
Judge Jia M. Cobb (D.D.C.) granted a motion by thirteen House Democrats to stay enforcement of a DHS policy requiring lawmakers to provide a week’s notice prior to visiting ICE facilities. (Memorandum Opinion.) (Politico.) For background, see a previous Roundup.
In remarks to the New York Post on Monday, President Trump declined to rule out the possibility of sending U.S. troops into Iran. (New York Post.) The Washington Post reported that the Pentagon is working to deploy additional air defense assets to the region and has directed the Army to send more medical support and ammunition technicians to Europe. (WaPo.) U.S. Central Command announced that as of Monday afternoon, six service members have been killed in action. (X.)
The Trump administration has abruptly reversed course in its legal fight over executive orders targeting major law firms. After filing an unopposed motion in the U.S. Court of Appeals for the District of Columbia Circuit on Monday to abandon its defense of the orders, the Justice Department moved on Tuesday to withdraw that request and continue pursuing appeals of rulings that struck down Trump’s actions against four big law firms. (Motion.) (NYT.)
The Hennepin County Attorney in Minnesota stated that her office is reviewing 17 incidents involving federal immigration officials that occurred during Operation Metro Surge. She vowed to “investigate and pursue charging where appropriate.” (WSJ.)
The acting special agent in charge of the FBI’s San Antonio division said on Monday that the suspect in a shooting that occurred over the weekend in Austin, Texas was “not previously on our radar” and noted that investigators are still examining the motive for the attack. On Sunday, he called the attack “potentially an act of terrorism.” (NYT.)
Jack Goldsmith spoke with Elizabeth Sherwood-Randall, President Biden’s White House Homeland Security Advisor, about how the U.S. government would normally prepare for domestic threats during periods of heightened risk. (Executive Functions.) The Washington Post Editorial Board called upon lawmakers to strike a deal to restore funding for the Department of Homeland Security as the U.S. deals with domestic threats growing out of conflict abroad. (WaPo.)
Michael Endrias and Alan Z. Rozenshtein argued that Defense Secretary Pete Hegseth’s designation of Anthropic as a supply chain risk won’t hold up in court. (Lawfare.)
Sen. Tim Kaine called upon all senators to vote on his joint resolution to cease U.S. hostilities against Iran. (WSJ.)
David Frum discussed Britain’s initial refusal to allow the use of the joint U.K.-U.S. Diego Garcia military base to target Iran and cautioned against the U.K.’s looming transfer of the Chagos Islands, including Diego Garcia, to Mauritius. (The Atlantic.) For background on the Chagos Islands dispute, see Jack Goldsmith’s chat with Richard Ekins.
Keith Whittington argued that the Trump administration’s effort to narrow birthright citizenship rests on a flawed reading of the 14th amendment. (The Dispatch.)
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.