Federal Courts
190 Articles

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
![Close-up of several metal handguns laid side by side on a table, their barrels and triggers visible in tight rows, representing some of the thousands of weapons seized by the Mexican Army from drug traffickers in northern Mexico in January 2017. Gun reads: "U.S.A. [...] Springfield, Mass."](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2026/03/GettyImages-631911044.jpg?fit=1024%2C683&ssl=1)
Firearms Trafficking Comes to the Inter-American Court of Human Rights in Recent Advisory Opinion
The Inter-American Court of Human Rights' recent advisory opinion addresses the obligations of States and private actors to prevent and combat illicit trafficking of firearms.

Fourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case
In Al Shimari, the Fourth Circuit affirmed two Alien Tort Statute claims: conspiracy to commit torture and conspiracy to commit cruel, inhuman, and degrading treatment.

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.

Defending ‘Sanctuary’ Principles During the Chicago Crackdown
Local governments must exercise their constitutional power to cut off cooperation with federal authorities that undermine residents' rights.

The Supreme Court: the Last Defense Against Trump’s Military Police State
The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.

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.