Executive Orders

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168 Articles
Scales of justice and judge's gavel on wooden table against American flag

Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties

Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.
U.S. President Donald Trump signs an Executive Orde

The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment

The Trump administration's efforts to circumvent the APA's notice-and-comment requirements risk setting a damaging precedent.
The Supreme Court building is shown with a blue sky behind it.

Relocating Nationwide Injunctions

Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.
As family members and activists watch as people are loaded into transport vans after they were taken into custody at the offices of a homeland security contractor on June 04, 2025 in Chicago, Illinois. About a dozen immigrants were taken into custody. (Photo by Scott Olson/Getty Images)

Unequal Before the Law: How Trump’s Death Penalty Order Codifies Dangerous Speech

Tying the harshest punishment the state can impose to the identity of the accused is dangerous speech that can increase the risk of intergroup violence.
People listen to Everett Kelley, President of the American Federation of Government Employees (AFGE) Union, during a "Save the Civil Service" rally

Too Big to Be Lawful: A Federal Court Halts Mass Layoffs Across the Civil Service

A recent court decision has made clear that reorganizing the federal government can't proceed through backdoor executive planning.
Close-up shot of U.S. money and flag

How Trump’s Law Firm Settlements Circumvent Congress and Violate Federal Spending Laws

The Trump administration has operated outside the appropriations process and congressional oversight through its law firm settlements.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

Another Reason Trump’s Birthright Citizenship Order is Unlawful

"Without question, Congress understood that the birthright citizenship statute extended to the two groups that President Trump has targeted"

The Just Security Podcast: Keeping Track of the Big Picture–Challenges to Press Freedom and Beyond

A discussion with Rebecca Hamilton about the use of State power and how to identify linkages between individual developments and broader trends in press freedom and beyond.
Tank and soldiers shown on Mexico border

The New “National Defense Area” at the Southern Border: What You Need to Know

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
Image of the Capital overlayed with digital color blocks

Beyond Data Rescue: Building Structural Safeguards for Federal Data Preservation

Disappearance of vital resources from government websites exposes a fragile ecosystem in which accountability mechanisms have broken down.
The office of the law firm Perkins Coie is seen on April 10, 2025 in Washington, DC.

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?"
A man comes out of the Voice of America (VOA) building on March 17, 2025

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.
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