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Judge Lorna G. Schofield (S.D.N.Y.) issued an order Thursday ruling that the Justice Department unlawfully appointed John A. Sarcone III as acting U.S. Attorney for the Northern District of New York. The judge disqualified Sarcone on that basis from supervising the office’s civil rights investigation into New York Attorney General Letitia James and quashed subpoenas Sarcone issued in the case. (WSJ.) (Opinion and Order.)
A panel of the First Circuit on Wednesday denied the Trump administration’s request for a stay pending appeal of a lower court’s order enjoining the government from enforcing a program that would force hospitals serving low-income communities to pay wholesale prices upfront for prescription drug purchases. (Order.)
In a two-hour interview with The New York Times on Wednesday, President Trump said he expected America would be running Venezuela for years and declared his power as commander in chief is only constrained by his “own morality.” (NYT.)
Five Senate Republicans joined with Democrats on Thursday to advance a vote on a war powers resolution that would force President Trump to seek Congressional authorization to continue the use of U.S. forces in Venezuela. (NYT.)
Minnesota officials said Thursday that the FBI blocked state law enforcement from investigating the fatal shooting of a Minneapolis woman by an ICE agent. The FBI said it would investigate the shooting on its own and denied state authorities access to evidence. (WSJ.)
U.S. Border Patrol agents on Thursday shot two people in Oregon. A Department of Homeland Security spokeswoman said the agents were conducting a “targeted vehicle stop” on an alleged Tren de Aragua gang member and opened fire when the driver tried to run them over. (NYT.)
Vice President JD Vance announced Thursday the creation of a new high-ranking Justice Department position responsible for investigating fraud that will answer directly to the president. (NYT.)
Federal prosecutors are reportedly investigating financial transactions between New York Attorney General Letitia James and her hairdresser, marking a new front in the Justice Department’s prosecution of one of President Trump’s greatest political foes. (NYT.)
Ed Whelan argued that President Trump’s control of Venezuelan oil revenues runs afoul of the Miscellaneous Receipts Act, which requires a government official to deposit any money for the government into the Treasury. (National Review.) Josh Blackman argued the act likely does not apply to the president. (Volokh Conspiracy.)
Quinta Jurecic analyzed the indictments against Nicolás Maduro and his wife and argued they appear legally legitimate. (The Atlantic.)
Amid a growing number of incidents involving ICE agents using force, Samantha Trepel argued the Department of Justice has shirked its responsibility to investigate whether federal agents have used excessive force in violation of the Fourth Amendment and federal criminal law. (Just Security.)
Cass Sunstein argued narratives have power in our constitutional and political life and help explain the Supreme Court’s approval of the expansion of presidential power. (Cass’s Substack.)
Dan Maurer argued that Congress should pass legislation to clarify the definition of an “unlawful order” and make the disobedience of an unlawful order by military officials an affirmative duty. (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.