Administrative Law
31 Articles
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.
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.
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.
The “Presumption of Regularity” in Trump Administration Litigation (4th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
The War on Anthropic: Pretextual Designation and Unlawful Punishment
The Trump administration’s salvo against Anthropic is invalidated by statutory limits, First Amendment freedoms, and the Constitution’s absolute bar against bills of attainder
The Deeper Problem with ICE’s Arrest Warrants
DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.
ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel
DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.
Asia’s Administrative Arms Race: How U.S.-China Strategic Competition is Reshaping Economic Statecraft
Across Asia, formalized legal and bureaucratic mechanisms are reinforcing a regional arms race in administrative instruments. U.S. policy must react accordingly.
The Trump Administration’s Deregulatory Playbook
A deep dive into the Trump administration’s first-year deregulatory agenda, Supreme Court influences, and the evolving limits of agency authority.
Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.