Programming Note: Executive Functions Roundup will operate on a limited holiday schedule for the week of Memorial Day. Following our May 21 edition, the Roundup will publish only on May 26 and May 29 before returning to its regular daily schedule on June 1.
Judge Royce C. Lamberth (D.D.C.) on Tuesday extended through June 8 a preliminary injunction blocking the transfer of transgender women prisoners, the plaintiffs in the case, to men’s facilities under an executive order on “gender ideology extremism.” Judge Lamberth noted that the extension runs through the expected issuance of the D.C. Circuit’s mandate vacating the portion of his prior order addressing the plaintiffs’ transfers. (Order.) For background on the D.C. Circuit’s ruling, see a previous Roundup.
Two police officers who defended the Capitol on Jan. 6, 2021 today filed a lawsuit in the District of Columbia against President Trump, Acting Attorney General Todd Blanche, and Treasury Secretary Scott Bessent challenging the creation of the Anti-Weaponization Fund. The suit alleges that the Trump administration exceeded its statutory authority in creating “a $1.776 billion taxpayer-funded slush fund” without congressional authorization. It also claims that the fund “encourages those who enacted violence in the President’s name to continue to do so,” thereby endangering the plaintiffs’ safety. (Complaint.) (NYT.)
The DOJ on Tuesday released an addendum to the settlement of President Trump’s lawsuit against the Internal Revenue Service stating that the United States is “FOREVER BARRED and PRECLUDED” from prosecuting or pursuing certain claims involving Trump, related individuals, and affiliated entities, including matters involving tax returns filed before the settlement’s effective date. (Addendum.) (Politico.)
The Senate on Tuesday voted 50-47 to advance Sen. Tim Kaine’s war powers resolution seeking to block further U.S. military action against Iran without congressional authorization. Four Republicans joined Democrats in supporting the procedural vote. (WaPo.)
A group of 24 Democratic-led states and the District of Columbia on Tuesday sued the Education Department and its secretary, Linda McMahon, in the District of Maryland over a new rule implementing the student loan changes in the One Big Beautiful Bill Act. The complaint alleges that the rule unlawfully narrows which graduate programs qualify for higher federal student loan limits. (Complaint.) (NYT.)
The Washington Post reports that federal agencies have declined to provide some records sought by the Government Accountability Office as part of its investigation into how DOGE members accessed sensitive government databases. (WaPo.)
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.