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On Wednesday, the Federal Circuit granted immigration judges’ petition for an initial hearing en banc in Jackler v. DOJ, a challenge to President Trump’s removal of the judges under Article II. (Order.) (Petition for Initial Hearing En Banc.) (Gov. Exec.)
The Presidio Municipal Development District, a political subdivision of Texas, sued the Department of Homeland Security on Wednesday over its effort to construct a section of border wall that will run through a levee system in Big Bend on the ground that the department failed to secure the permission of the Army secretary, as the Presidio alleges 33 U.S.C. § 408 requires. (Complaint.)
U.S. Southern Command announced on Tuesday that it had conducted a lethal strike on an alleged drug trafficking vessel in the Eastern Pacific. (Press Release.) This marks the administration’s 64th known strike on vessels in the Eastern Pacific and Caribbean. (Just Security.)
The Department of Education announced four new interagency agreements on Tuesday, transferring additional functions out of the department and to the Departments of Justice and Health and Human Services. (Press Release.) According to the New York Times, the agreements are part of an ongoing effort to dismantle the Department of Education without authorization from Congress. (NYT.)
The Times reports that despite congressional opposition, it appears Bill Pulte will assume the role of acting director of national intelligence on Friday. (NYT.)
Jack Goldsmith argued that President Trump lacks the domestic legal authority to waive U.S. statutory sanctions against Iran, as he pledged to do in the recent memorandum of understanding, but that Congress and the judiciary are unlikely to stop him. (Executive Functions.)
Michael Dreeben, Jacqueline Sanchez, and Owen O’Brien-Powers argued that Congress has the tools it needs to check the executive branch and reclaim its powers. (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.
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. The Court heard oral argument on April 29, 2026.
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. The Court heard oral argument on April 29, 2026. On June 16, 2026, respondents moved to dismiss the government’s petition as improvidently granted.