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190 Articles
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

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."

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.
Wide shot ​view of the entrance to Abu Ghraib prison west of Baghdad ​on May​ 2, 2004, showing high concrete walls, a central gate, and a watchtower under a hazy sky​.

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.
U.S. President Donald Trump uses gold scissors to cut a red tape tied between two stacks of papers representing the government regulations of the 1960s (L) and the regulations of today (R) after he spoke about his administration's efforts in deregulation in the Roosevelt Room of the White House in Washington, DC on December 14, 2017.

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.
Demonstrators protest near police officers

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.
Members of the Texas National Guard are seen at the Elwood Army Reserve Training Center on October 07, 2025 in Elwood, Illinois. The Trump administration has been threatening for more than a month to send the guard to Illinois to address Chicago's crime problem and to support ICE and CBP during Operation Midway Blitz. Illinois Governor JB Pritzker has been outspoken in his opposition to the move, accusing the president of using the guardsmen as political pawns. (Photo by Scott Olson/Getty Images)

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.
Federal agents keep protestors back from an Immigration and Customs Enforcement (ICE) facility

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.
The U.S. Supreme Court at night.

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.
A view of the front portico of the United States Supreme Court building in Washington, DC

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.
A scale in front of shipping containers

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.
The U.S. Supreme Court building stands in Washington, D.C., U.S.

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.
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