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The majority of a three-judge panel of the D.C. Circuit on Monday upheld a district court’s preliminary injunction as applied to transgender servicemembers who challenged a Defense Department policy that sought to bar transgender individuals from military service, while vacating the injunction as it relates to individuals seeking to enlist. (Opinion.) (Politico.) For background on the district court ruling, see a previous Roundup.
Several news outlets reported on Monday that President Trump is backing away from plans to create the $1.8 billion Anti-Weaponization Fund after the proposal sparked bipartisan criticism and multiple legal challenges. (NYT.) (CNN.) The Department of Justice issued a statement noting that while it “disagrees strongly” with a district court order that blocked the fund on a temporary basis on Friday, the DOJ “will abide by the Court’s ruling.” (X.) For background on the district court order, see a previous Roundup.
The Defense Department’s acting press secretary on Monday defended a new policy barring journalists from the Pentagon press office, saying the space was redesignated as a classified facility because speechwriters who work there “routinely handle classified material.” (X.) (Politico.)
The New York Times reports that “an increasing number of judges appear to be questioning the longtime assumption that Justice Department lawyers can be taken at their word” amid allegations of misrepresentations, omissions, and a lack of candor in court filings by DOJ attorneys. (NYT.)
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.