Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Judge Gerald J. Pappert (E.D. Penn.) on Tuesday ordered the University of Pennsylvania to comply with an administrative subpoena issued by the Equal Employment Opportunity Commission (EEOC) for contact information of employees in Jewish-related organizations on campus and the Jewish Studies Program. EEOC sought such information as part of its investigation into whether Penn engaged in a pattern or practice of discrimination against Jewish employees in violation of Title VII of the Civil Rights Act of 1964. (Memorandum.) (Order.) (NYT.)
Judge Allison D. Burroughs (D. Mass.) on Tuesday ruled that the Trump administration unlawfully terminated the humanitarian parole status of migrants who used a Biden-era mobile app to schedule appointments for entry into the country. (Memorandum and Order.) (NYT.)
Judge Richard J. Leon (D.D.C.) on Tuesday issued a preliminary injunction blocking further construction on the East Wing ballroom project. Judge Leon held that the president does not have the legal authority to construct a ballroom at the White House using private funds without obtaining congressional approval. (Memorandum Opinion.) (NYT.) (WaPo.) (WSJ.)
Judge Randolph D. Moss (D.D.C.) on Tuesday enjoined federal agencies from ceasing to fund NPR and PBS pursuant to Executive Order 14290, entitled “Ending Taxpayer Subsidization of Biased Media.” Judge Moss held that President Trump’s directive to terminate federal funding to the news outlets because they are “biased media” constitutes viewpoint discrimination and retaliation in violation of the First Amendment. (Opinion and Order.) (WSJ.) (WaPo.) (NYT.)
President Trump on Tuesday signed an executive order to promote election integrity that directs the Secretary of Homeland Security to compile and distribute “State Citizenship Lists” to state election officials in advance of federal elections. The lists shall include individuals 18 years old or older confirmed to be U.S. citizens “from Federal citizenship and naturalization records, SSA records, SAVE data, and other relevant Federal databases.” (Executive Order.) (NYT.) (WaPo.) (WSJ.)
Three former FBI agents filed a lawsuit on Tuesday against FBI Director Kash Patel and Attorney General Pam Bondi on behalf of themselves and a proposed class of all similarly situated former FBI employees who were terminated on the “basis of perceived political affiliation, without being afforded due process.” (Complaint.) (NYT.)
The New York Times reported that the Justice Department and the White House are mired in a “messy and complicated” debate over how to approach President Trump’s lawsuit against the Internal Revenue Service, which demands $10 billion in damages over the leak of Trump’s personal tax information. (NYT.) For background on the lawsuit, see a previous Roundup.
Richard Re argued that the Supreme Court’s decision in Trump v. CASA provides a window into the “dissenter’s dilemma,” which describes a dissenting judge’s desire to “fuel outrage over a decision’s potential reach and to minimize the same decision’s actual consequences.” (Divided Argument.)
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.