Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Supreme Court on Friday evening stayed a district court injunction that had directed the government to obligate all expiring foreign aid funds appropriated by Congress by September 30, including $4 billion in foreign aid President Trump had proposed to rescind under the Impoundment Control Act. The stay effectively permitted the Trump administration’s use of a “pocket rescission” maneuver—though the Court made clear that the order “should not be read as a final determination on the merits.” (Order.) (Politico.) Chris Geidner discussed Justice Kagan’s dissent (Law Dork). Josh Blackman did as well, underscoring her note about the lack of opportunity to deliberate in conference. (Reason.)
On Friday, the Trump administration asked the Supreme Court to review lower court rulings blocking Trump’s executive order seeking to end birthright citizenship, a move that has so far been held unconstitutional under the 14th Amendment. (Petition.) (WSJ.)
A D.C. federal judge denied an emergency bid to stop the U.S. government’s transfer of Victor Omar Bonilla Alvarez, an asylum seeker tortured in El Salvador, on the ground that the court lacked jurisdiction to grant relief because he had already been sent to Mexico. (Order.)
President Trump expanded tariffs under Section 232, imposing duties of 25-100% on pharmaceuticals, semi trucks, cabinets, and furniture. According to NYT, the national security-based law could give Trump a “powerful alternative to apply tariffs” if the Supreme Court rules against his use of the International Emergency Economic Powers Act. (NYT.)
Following the president’s announcement on Saturday that he had directed troops to be sent to Portland, Oregon and use “Full Force, if necessary” to quell protests against Immigration and Customs Enforcement, Oregon sued in the U.S. District Court for the District of Oregon Portland Division to block the administration from “unlawful federalization” of the state’s National Guard. (Complaint.) (Truth Social.) (WaPo.)
President Trump indicated on Sunday that he “would think” that a Department of Justice investigation former F.B.I. Director Christopher Wray is underway. (NYT.)
Trump on Friday called for Microsoft to “immediately terminate the employment of Lisa Monaco,” the company’s current head of global affairs who previously served in the Biden administration. (WSJ.)
The Justice Department has subpoenaed travel records for Georgia prosecutor Fani Willis, who led the Trump election interference case. The scope and target of the probe remain unclear. (NYT.)
F.B.I. Director Kash Patel fired roughly 20 agents on Friday, including individuals who were photographed kneeling at racial justice protests in 2020. (NYT.)
The WP reports that the White House is drafting a plan to give research funding preference to universities that align with Trump administration policies on admissions and hiring. (WaPo.)
Sacramento’s acting U.S. attorney was dismissed from her position in July hours after she reminded a Border Patrol chief to comply with a court order limiting immigration raids. (NYT.)
Jack Goldsmith and Bob Bauer discussed the indictment of James Comey (Executive Functions). Bauer outlined the need for new strategies to defend against the politicization of federal law enforcement (Executive Functions.) Josh Gerstein and Kyle Cheney analyzed the challenges of the indictment. (Politico.) Ed Whelan wrote that Lindsey Halligan’s appointment as U.S. attorney in the Eastern District of Virginia could be invalid, which would pose “a fatal legal flaw” in the indictment (The National Review.)
Adam Serwer argued that jury nullification can constitute an important check when the president turns the Justice Department against his political foes. (The Atlantic.)
Benjamin Wittes wrote about two new presidential orders on political violence and terrorism (Lawfare).
Kate Klonick and Alan Rozenshtein questioned whether the reported TikTok deal complies with the law (Lawfare).
Richard Re explored whether interim Supreme Court orders could carry precedential weight even though they are not final merits decisions. (Divided Argument.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. National TPS Alliance: The government filed an emergency application on September 19 requesting the Supreme Court to stay a district court order granting summary judgement that blocked the termination of TPS protection. The application also requested an immediate administrative stay of the judgement while the Court considers the full stay request. The National TPS Alliance filed an opposition to the request on the same day. On September 26, Immigration Law Scholars submitted an amicus brief in support of the National TPS Alliance.
Trump v. Orr: The government filed an emergency application on September 19 requesting the Supreme Court to stay an injunction issued by a district court that requires the State Department to allow transgender and nonbinary people to choose the sex designation on their passports. Justice Jackson formally set a deadline of October 4 for a response to the application.
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, and the Separation of Powers Clinic submitted an amicus brief supporting the government. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25.