Federal Courts
184 Articles
The “Presumption of Regularity” in Trump Administration Litigation
A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.
Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.
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.
Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.
Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
Taking Stock of the Birthright Citizenship Cases, Part I: Unpacking Trump v. CASA, Inc.
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
Whistleblower Documents Implicate Emil Bove in Criminal Contempt Order by Chief Judge Boasberg
Email released by whistleblower would presumably implicate Bove in the “contumacious conduct” identified by Chief Judge Boasberg.
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.
The Just Security Podcast: Dismissal of Voting Rights Lawsuits
Chiraag Bains, in conversation with Dani Schulkin, discusses the impact on voting rights enforcement and the crucial role now played by voters & advocacy groups.
Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.
When the Executive Defies the Judiciary: How Federal Courts Can Enforce Their Orders Without the Marshals
Federal courts possess a number of tools to ensure the U.S. government is held responsible for failing to enforce or execute court orders.