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The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

The Supreme Court’s Next 100 Days: Understanding the Passive-Aggressive Virtues (and Vices)

The Supreme Court's pushback during the first 100 days of the Trump administration is striking. What to look for in the next 100.
Tank and soldiers shown on Mexico border

The New “National Defense Area” at the Southern Border: What You Need to Know

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
A man comes out of the Voice of America (VOA) building on March 17, 2025

Justice Department Fails to Address Central Point in VOA Case

A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.
U.S. standard certificate of live birth application form next to flag and passport of USA.

Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs

Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
Signage for US broadcaster Voice of America is seen in Washington, DC

Unpacking the Voice of America Litigation

Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.
Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at E. Barrett Prettyman Federal Courthouse

Dissecting the Trump Administration’s Strategy for Defying Court Orders

The Trump administration is banking on Americans giving it a pass on violating District Chief Judge Judge Boasberg's court order.
A man walks in front of the Supreme Court building at dusk.

The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar

Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
Elevated view of E. Barrett Prettyman United States Courthouse, as seen from the East Building of the National Gallery of Art.

Is the Trump Administration Deliberately Violating a Federal Court Order?

Addressing the Trump administration's theories for why it did not violate a court order by deporting Venezuelan immigrants to El Salvador.
From left to right, standing in the back row are Lewis F. Powell, Thurgood Marshall, Harry Blackmun, and William Rehnquist

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case

I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.
Russell Vought sits at his Senate Confirmation Hearing

The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds

The Impoundment Control Act may prohibit agencies from freezing or terminating funding based on changing policy priorities.
Members of the national guard move a red ladder.

Trump’s Doubly Flawed “Invasion” Theory

The president is wrong about what an invasion is—and what powers it triggers.
Mayor Eric Adams speaks as he is looked at by Manhattan District Attorney Alvin Bragg

The People of New York v. Mayor Adams: Will Manhattan DA Bragg Come to the Rescue Yet Again?

District Attorney Alvin Brag could potentially fill the void in accountability by bringing charges against New York City Mayor Eric Adams.
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