Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Supreme Court in a 6-3 decision ruled that the International Emergency Economic Powers Act does not authorize the president to issue tariffs. The Court affirmed the Federal Circuit’s judgment upholding a decision of the Court of International Trade that set aside President Trump’s five executive orders imposing tariffs under the statute. (Opinion.)
Judge Sunshine S. Sykes (C.D. Cal.) on Wednesday ordered the Department of Homeland Security to provide classwide notice to detained immigrants nationwide that they may be entitled to immediate release or a bond hearing. Judge Sykes previously ruled that ICE’s mandatory detention policy for all noncitizens in removal proceedings violated the Immigration and Nationality Act. (Order.) (NYT.) For background on litigation regarding the policy, see the Roundup Library.
Police in St. Paul, Minnesota are investigating “allegations of criminal conduct” by federal agents after a man who was arrested by ICE last month sustained severe head injuries. ICE maintains that he ran into a wall. (NYT.) Judge Donovan W. Frank (D. Minn.) previously ordered the noncitizen released from detention on the grounds that officers arrested him without a warrant and without reasonable suspicion. (Memorandum Opinion and Order.)
A memorandum issued Wednesday by U.S. Citizenship and Immigration Services requires immigration agents to detain refugees admitted to the United States if they have not applied for legal permanent status after one year of living in the country. (Memorandum.) (NYT.)
Three military veterans and a historic preservationist filed a complaint on Thursday in the U.S. District Court for the District of Columbia seeking to enjoin the Trump administration from building a 250-foot triumphal arch on Memorial Circle that the plaintiffs claim would alter the experience of visiting Arlington National Cemetery and interfere with the design of nearby monuments. (Complaint.) (WaPo.)
Large banners emblazoned with President Trump’s photo now hang from the exterior of several federal buildings, including the Department of Justice’s headquarters in Washington D.C. (NYT.)
The first of two federal committees on Thursday approved President Trump’s White House ballroom project. (WaPo.) For background on the proposal, see a previous Roundup.
President Trump on Wednesday nominated Justin Smith, a lawyer who was part of his legal team in the landmark presidential immunity case, to serve as a judge on the Eighth Circuit. (Reuters.)
During the first meeting of the Board of Peace on Thursday, President Trump pledged the United States would contribute $10 billion to the board, endorsed Hungary’s prime minister, Viktor Orban, in upcoming elections, and announced member countries had committed $7 billion to rebuilding Gaza. (NYT.)
Steve Vladeck highlighted a new advisory opinion by the Judicial Conference’s Committee on Codes of Conduct that reaffirmed judges’ ability to publicly defend the rule of law and advocate for an independent judiciary. (One First.)
Scott Levy and Kevin McNellis argued that the One Big Beautiful Bill Act’s funding for domestic immigration enforcement violated the Constitution’s Army Clause. (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.