Administrative Law

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40 Articles

The “Presumption of Regularity” in Trump Administration Litigation (5th edition)

The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
Gavel and scales with a US flag in the background as symbols of a jurisdiction.

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.
A blue architectural blueprint-style graphic with white grid lines and hand-lettered labels arranged like room names on a floor plan, symbolizing the architecture of institutional reinvention.

Reinvention Blueprint No. 5: Reinvigorating Federal Enforcement to Fight for the Public

The next administration should lean into enforcement as a strategy to advance fairness, justice, and the rule of law.
American flags fly at the The White House on August 12, 2026 in Washington, DC.

First, Do No Harm: Four Questions Government Reformers Must Ask to Avoid Counterproductive Changes

Cautionary tales show well-intentioned procedural requirements can tie up decisionmaking without meaningfully enhancing outcomes.
Minnesota Governor Tim Walz gestures while speaking in front of a podium, with a blurred figure of a woman visible behind him and a small orange origami rabbit resting on top of the podium.

Governors and State Administration

Gubernatorial opposition is a powerful and often necessary component of meaningful state pushback against federal overreach.
View of the judge's bench from the audience inside a federal courtroom in Federal District Court in Manhattan on June 6, 2025 in New York City.

What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action

The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
The Authority of Law statue by is seen in front of the United States Supreme Court building.

U.S. Supreme Court’s Rejection of the “Presumption of Regularity”

Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
The U.S. Department Of Homeland Security logo is displayed on a sign at a Citizenship and Immigration Services office​.

No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine

Numerous federal agencies possess statutory authority to obtain a wide range of sensitive information without advance judicial approval or probable cause of illegal activity.
The Moonshot AI Kimi app is seen on a mobile phone screen in Beijing on July 17, 2026.

Regulate, Don’t Ban, Chinese AI Models

All highly capable AI models should be regulated through pre-deployment and ongoing testing. But any safety regime that works for domestic models should work for Chinese ones.
A masked federal agent dressed in a tan, long-sleeved shirt, dark pants and a dark bullet-proof vest walks through a hallway in front of a wall covered with what appears to be a long blackboard with the words "Immigration Court" in large capital letters across the top and miscellaneous notices posted on the board below.

Key Trump Deportation Strategies: Removing, Replacing, and Pressuring Immigration Judges

New data shows how mass firings, loyalist replacements, and pressure tactics are turning U.S. immigration courts into a deportation enforcement arm.
The U.S. Supreme Court building is seen on July 1, 2026 in Washington, DC.

“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook

In these two cases, the Court misread history with an unmistakable result: two fundamentally irreconcilable decisions.
A bank with large Corinthian Greek columns and horses and buggies. 1830s painting titled "Girard's Bank, late the Bank of the United States, in Third Street, Philadelphia" shows the building that housed the First Bank (Image via New York Public Library).

The Federal Reserve Exception to the Slaughter Rule

On the Supreme Court’s latest reasoning about the Federal Reserve and the fault lines that are likely to emerge in the years ahead.
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