Administrative Law

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No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine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

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.
Illustration of a man handing an envelope to Uncle Sam in front of the U.S. Capitol Buildingn (via Getty Images)

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.
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

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.
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