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View of the judge's bench from the audience inside a federal courtroom in Federal District Court in Manhattan on June 6, 2025 in New York City.

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.
The Authority of Law statue by is seen in front of the United States Supreme Court building.

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."
The E. Barrett Prettyman United States Court House is seen early morning on December 10, 2024, in Washington, DC.

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 E. Barrett Prettyman United States Courthouse in Washington, D.C., with a carved stone panel depicting historical courtroom and law enforcement scenes in the foreground.

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.
Acting U.S. Attorney General Todd Blanche speaks behind a Department of Justice podium during a press conference announcing the indictment of the Southern Poverty Law Center. A poster displayed beside him lists alleged fund transfers totaling more than $3 million.

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.
A banner featuring US President Donald Trump hangs on the outside of the Department of Justice headquarters ahead of a press conference with Acting Attorney General Todd Blanche announcing annual healthcare fraud takedown results in Washington, DC on June 23, 2026.

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.
Front of building with columns and the words "United States Courthouse"

“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.
A man walks in front of the Supreme Court building at dusk.

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.
Habeas Corpus and Legal Protections

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.
An election observer coordinator for the Los Angeles County Registrar-Recorder stands on a walkway overlooking the Los Angeles County Ballot Processing Center in City of Industry, California, as workers process ballots during the June 2026 California state primary election.

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.
James Boasberg, chief judge of the US District Court for the District of Columbia, attends a panel discussion at the annual American Board Association (ABA) Spring Antitrust Meeting.

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.
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.
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