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The D.C. Circuit on Tuesday granted the government’s emergency motion for a stay pending appeal of a district court’s preliminary injunction blocking the Defense Department’s 2025 policy barring most individuals with gender dysphoria from military service. Judges Katsas and Rao wrote separately in support of the stay, while Judge Pillard dissented. (Order and Opinion.)
Rights groups sued the Department of Justice, the Department of State, and the Department of Defense in the U.S. District Court for the Southern District of New York seeking records under the Freedom of Information Act related to a classified Office of Legal Counsel opinion justifying the ongoing boat strikes. The suit additionally seeks the release of a July 2025 presidential directive authorizing military force against drug cartels. (Complaint.) (WaPo.) Rep. Mike D. Rogers, the Republican chairman of the House Armed Services Committee, announced Tuesday that he plans to wind down the panel’s inquiry into the follow-up strike on an alleged drug trafficking boat that killed two survivors on Sept. 2. (WaPo.)
The Supreme Court on Tuesday heard oral argument in National Republican Senatorial Committee v. Federal Election Commission, a case challenging federal campaign finance limits on coordinated spending between political parties and candidates. (NYT.) Amy Howe wrote that while some of the justices appeared sympathetic to the position that the restrictions violate the First Amendment, “with Justice Neil Gorsuch remaining silent throughout the debate, and Justice Amy Coney Barrett asking only one question, it remained difficult to make definitive predictions about the outcome of the case.” (Scotusblog.)
President Trump on Tuesday directed his administration to investigate whether four Federal Reserve governors nominated by President Biden were properly appointed. The remarks came as the Fed began a two-day meeting on interest rates. (NYT.) Adam Liptak reported that during oral argument in Trump v. Slaughter on Monday, the Court appeared to be headed toward a broad expansion of presidential removal power, with several justices expressing hesitation about how, or whether, Fed independence could be maintained. (NYT.)
Steven Calabresi argued that the Constitution’s Article II Vesting Clause supplies the president’s removal power and that the Court should overrule Humphrey’s Executor in Trump v. Slaughter. (Volokh Conspiracy.)
Charlie Savage analyzed President Trump’s involvement in the Warner Bros. merger battle between Netflix and Paramount. (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. Illinois: The government filed an emergency application on October 17 requesting the Supreme Court stay a district court order barring the deployment of the National Guard to Illinois. Justice Barrett formally set a deadline of October 20 for a response to the application. Illinois and the City of Chicago submitted a response on October 20. President Trump filed a reply on October 21. On October 29, Justice Barrett requested supplemental briefs to be filed by November 10. President Trump, as well as Illinois and the City of Chicago, both filed supplemental letter briefs on November 10 and supplemental letter replies on November 17.
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.