Litigation
124 Articles

A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.

Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.

The Dirty Deal with El Salvador
What’s known about the agreement between the United States and El Salvador when it comes to CECOT prison, and why sworn testimony may be needed to fill in the gaps.

No, the President Cannot Enforce the Law-Firm Deals
"First, are these agreements legally enforceable? Second, if not, what principled reasons do the firms have for keeping their part of these bargains?"

Justice Department Fails to Address Central Point in VOA Case
A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.

Unpacking the Voice of America Litigation
Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security
A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.

The Racial Twist in Trump’s Cutoff of Refugee Admissions
A case that prompted a court injunction helps show executive orders on refugee resettlement and on South Africa are egregious and unlawful.

The Just Security Podcast: What Just Happened Series, Understanding Federal Employee Rights
Labor and employment expert Suzanne Summerlin discusses the protections available to federal employees if their rights are violated.

President Trump Is Ignoring the Impoundment Control Act, Welcoming a Fight in the Courts
The Impoundment Control Act makes clear that the president does not have the authority to unilaterally impound billions in federal funds.