The Roundup will pause coverage on Dec. 25-26 and Jan. 1 in observance of the holidays. Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Supreme Court on Tuesday denied the Trump administration’s request to stay a district court order barring the federalization and deployment of National Guard troops in Illinois under 10 U.S.C. §12406(3). Justice Kavanaugh in concurrence noted that the president may retain authority to deploy the regular forces pursuant to his Article II protective power and under the Insurrection Act, which Kavanaugh argued the Court’s opinion “d[id] not address.” Justices Thomas, Alito, and Gorsuch dissented. (Order.) Jack Goldsmith reacted to the Court’s order and discussed the Trump administration’s remaining options for pursuing domestic military deployment. (Executive Functions.)
Judge Amir Ali (D.D.C.) on Tuesday night partially granted Mark Zaid’s motion to enjoin the Trump administration from “giving effect to security clearance revocations or denials of access to or the ability to use classified information” made pursuant to President Trump’s Presidential Memorandum entitled “Rescinding Security Clearances and Access to Classified Information from Specified Individuals.” (Order.) Mr. Zaid, a well-known whistleblower attorney, claimed that the revocation of his security clearance constituted “improper political retribution.” (ABC News.)
Judge Beryl Howell (D.D.C.) in a summary judgment ruling upheld President Trump’s authority to impose a $100,000 fee on new H-1B workers under the Immigration and Nationality Act. (Bloomberg Law.) (Memorandum Opinion.)
President Trump’s name was mentioned several times in the latest tranche of Epstein files released by the Department of Justice. The DOJ claimed that “[s]ome of these documents contain untrue and sensationalist claims made against President Trump” that are “unfounded and false.” (WaPo.)
The Justice Department filed suit against Illinois Gov. J.B. Pritzker and Attorney General Kwame Raoul, claiming that the state’s new law restricting federal immigration enforcement is an “illegal attempt[] to regulate and discriminate against the federal government.” (NYT.) (DOJ Press Release.)
Jim Secreto and Brett Freedman argued that “Americans should be skeptical” of the Trump-backed deal struck by TikTok and American investors, warning that the newly proposed structure will still allow the Chinese government to “retain leverage over a platform that shapes what millions of Americans see every day.” (NYT.)
David Del Terzo and James Dunne discussed the legal implications of President Trump’s executive order designating fentanyl as a “weapon of mass destruction.” (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. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.