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Judge Lewis J. Liman (S.D.N.Y.) ruled on Tuesday that the Department of Transportation unlawfully terminated a cooperative agreement with New York government agencies allowing the state to operate a congestion pricing program. (Order and Opinion.) (NYT.)
President Trump in a letter to lawmakers on Monday justified his decision to order attacks to “neutralize Iran’s malign activities,” arguing that the threat to the United States and its allies posed by Iran’s attempt to obtain a nuclear weapon “became untenable.” (Letter.) (NYT.) Of his decision to decapitate the Iranian regime, Trump told reporters on Tuesday that “the worst case would be we do this and somebody takes over who’s as bad as the previous person.” (NYT.)
The Pentagon said on Tuesday that the United States and Ecuador have launched joint military operations in Ecuador targeting “designated terrorist organizations.” U.S. Special Forces soldiers are reportedly providing intelligence and logistics support to Ecuadorian forces in raids on drug shipment facilities but are not participating in the raids themselves. (NYT.)
The inspector general for the Department of Homeland Security reportedly accused the agency’s leadership in a Monday letter to lawmakers of having “systematically obstructed” his office’s work, including in a criminal investigation that he said had national security implications. (WSJ.)
The Department of Homeland Security has reportedly opened an internal probe into an allegation that senior Border Patrol commander Gregory Bovino disparaged the Jewish faith of the U.S. Attorney for the District of Minnesota during a January phone call with prosecutors. An official with the U.S. Customs and Border Protection’s office of professional responsibility confirmed an “official inquiry into the allegation” that Bovino made “unprofessional comments.” (NYT.)
Mahmoud Khalil on Monday appealed an immigration judge’s order of removal to the Board of Immigration Appeals. (Brief.) (Politico.)
Scott R. Anderson argued that President Trump’s decision to use force in Iran “pushes against the legal limits on his authority in almost characteristic fashion.” (Lawfare.)
Thomas E. Brzozowski raised concerns over how 18 U.S.C. § 2339A, a broad federal statute criminalizing material support for terrorism, could be abused. (Just Security.)
Jonathan H. Adler argued that the current political clash over immigration enforcement “illustrates the wisdom of the anti-commandeering principle.” (Civitas Outlook.)
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.
Noem 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 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.