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The Supreme Court on Monday agreed to hear Genalo v. Black, in which the Second Circuit ruled that noncitizens held in “unreasonably prolonged” detention under 8 U.S.C. § 1226(c) are entitled to bond hearings. (Order list.) (SCOTUSBlog.) Politico reports that the grant is “the justices’ most significant move yet to delve into the Trump administration’s sweeping assertion of detention authority and efforts to constrain due process rights for the hundreds of thousands of people ICE is seeking to deport.” (Politico.)
The Department of Justice on Monday moved to intervene in the NAACP’s Clean Air Act lawsuit against xAI in the U.S. District Court for the Northern District of Mississippi. The DOJ filing, submitted by Associate Attorney General Stanley Woodward, argues that the United States is entitled to dismiss citizen-enforcement actions that conflict with federal priorities and that limiting power generation for Grok would undermine national security, energy and artificial intelligence policy objectives. (Memorandum.) (Reuters.)
California Gov. Gavin Newsom said Monday that the Justice Department has opened an investigation into him and his wife. Newsom accused President Trump of directing a politically motivated probe, while a source told the New York Times that multiple investigations are underway and were initiated by federal law enforcement officials in California rather than Washington. (Statement.) (NYT.)
According to the Wall Street Journal, career DOJ staffers investigating Paramount’s proposed acquisition of Warner Bros. Discovery were leaning toward recommending a lawsuit to challenge the deal when they were informed Friday that the department’s senior leadership had decided to close the investigation. (WSJ.)
Jack Goldsmith argued that the Iran war “is the latest instance of the ‘one person decides’ principle of U.S. foreign policy that Trump has taken to new extremes, and that undeservedly has received less critical attention than Trump’s domestic unilateralism.” (Executive Functions.)
Andrew McCarthy criticized President Trump’s memorandum of understanding with Iran. (National Review.)
Marty Lederman argued that the D.C. Circuit “went astray” in blocking Judge James Boasberg’s contempt inquiry over the Trump administration’s Alien Enemies Act removals. (Just Security.)
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.