Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Judge Brian E. Murphy (D. Mass.) on Wednesday held that the Trump administration’s third-country deportation policy was unlawful. (Memorandum and Order.) (NYT.)
The Justice Department on Monday filed a lawsuit seeking to block a New Jersey executive order banning federal immigration agents from accessing nonpublic parts of state property without a judicial warrant. The press releaseaccompanying the executive order stated that it would bar federal agents from accessing areas such as “residential medical facilities, child care centers and government offices.” (Complaint.) (Politico.)
Judge Trevor N. McFadden (D.D.C.) on Wednesday denied the government’s motion to dismiss a lawsuit challenging the cancellation of several Education Department data-collection and research programs. (Memorandum Opinion.)
The FBI reportedly dismissed around 10 employees who had worked on the investigation into President Trump’s retention of classified documents at Mar-a-Lago. (NYT.)
The New York Times reports that the Justice Department’s release of the Jeffrey Epstein files did not include materials connected to a woman’s claims that she was sexually assaulted by Epstein and Donald Trump when she was a minor. (NYT.)
The Trump administration won’t share with lawmakers classified intelligence that prompted a whistle-blower complaint against Director of National Intelligence Tulsi Gabbard. (WSJ.) For background on the complaint, see a previous Roundup.
As of Wednesday, at least 1,800 businesses have begun seeking tariff refunds after the Supreme Court found the Trump administration’s tariffs policy unlawful, according to the Wall Street Journal. (WSJ.) For a primer on the issue, see Jack Goldsmith’s chat with Matthew Seligman.
Cuban border guard troops on Wednesday fatally shot four people aboard a Florida-registered boat. The Cuban government said that those aboard the boat were Cuban nationals who opened fire on Cuban border guards. U.S. officials said they were investigating the shooting, but Secretary of State Marco Rubio denied that the episode was a U.S. operation or involved U.S. government personnel. (NYT.)
The New York Times reported on various reasons, including President Trump’s State of the Union charge that the “only way” that Democrats can win elections is by cheating, for concern that he will attempt to subvert the midterm elections. (NYT.)
Alan Z. Rozenshtein assessed the strength of the government and Anthropic’s positions under the Defense Production Act in their dispute over the terms of the military’s use of Anthropic’s AI. (Lawfare.) For background on the dispute, see yesterday’s Roundup.
Mariana Olaizola Rosenblat argued that other AI companies should support Anthropic’s resistance to the Pentagon’s demand that it allow the military to use its products for all “lawful purposes” and should not themselves agree to military contracts on those terms. (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.