Federal Courts
201 Articles

What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.

U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."

Deference Should Follow Expertise, Not Pretext
Anthropic v. Department of War reveals why courts must distinguish genuine national security judgments from pretextual ones and how to do it.

The Scope of Executive Privilege: Unpacking the D.C. Circuit’s Latest Decision
The D.C. Circuit upheld Navarro's contempt of Congress convictions, holding that executive privilege must be claimed by the president or an official authorized by the president.

If Federal Courts Don’t Trust Trump’s DOJ, Should Civil Rights Funders?
After suspending donations to SPLC, major charitable giving platforms must question whether it is prudent to defer to a DOJ that courts no longer trust.

Trust, But Verify: Three Grand Jury Reforms to Hold the Government Accountable
Steps should be taken to strengthen grand juries by giving courts and defense counsel more tools to act as a much-needed check on prosecutors.

“Zero Evidence”: How Judges and Grand Juries Have Rejected Trump Administration Efforts to Investigate and Prosecute
A detailed record of federal courts and grand juries rejecting the Trump administration’s use of subpoenas, search warrants, and indictments.

Seeking Justice the Day After SCOTUS Killed the Alien Tort Statute
As surely as day follows night, survivors will continue their quest for justice and accountability. The Supreme Court’s decision marks the end of an era, but a new dawn awaits.

Immigration Habeas Tracker: Government Obstruction, Judicial Trust, and Accountability
A comprehensive study of immigration habeas litigation from the second Trump administration, assessing how courts responded to protect judicial authority and individual rights.

The Last Check: Magistrate Judges and Federal Seizures of Election Records
A magistrate judge's review of a search-warrant application may be the last meaningful safeguard against federal interference in an election.

The Continuing Saga of Chief Judge Boasberg’s Contempt of Court Inquiry Involving Todd Blanche and Emil Bove
Options for the DC Circuit en banc in these contempt of court proceedings.

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.