Federal Courts
174 Articles
Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.
When the Executive Defies the Judiciary: How Federal Courts Can Enforce Their Orders Without the Marshals
Federal courts possess a number of tools to ensure the U.S. government is held responsible for failing to enforce or execute court orders.
A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.
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.
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.
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.
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.
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.
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.
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…
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.
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.