Executive Orders
184 Articles

Congress Shrinking from the World: the Constitution’s Article I in the Shadow of Trump 2.0
Congress has revealed itself less as a coequal branch and more as an accomplice in the marginalization of its own constitutional role in foreign and national security policy.

The Trump Administration’s Multi-Front Assault on Federal Research Funding
Costs for scientific progress and the public could be profound if the Trump administration succeeds in significantly cutting research funding.

Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions

After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.

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.

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.

Relocating Nationwide Injunctions
Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.

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.

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.

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.

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.