Administrative Law
38 Articles

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.

Governors and State Administration
Gubernatorial opposition is a powerful and often necessary component of meaningful state pushback against federal overreach.

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.

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."

No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine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

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.

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.

“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.

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.

Looking Back at Humphrey’s Executor
On the forgotten history of the Supreme Court's Humphrey’s Executor v. United States, a cornerstone of the administrative state.

State and Administrative Law Backstops to Federal Corruption
How the Administrative Procedure Act and state unfair competition laws could be used to punish, deter, or expose corruption in the federal government.

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections
The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.