Federal Courts
190 Articles
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.
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.
Trump’s Doubly Flawed “Invasion” Theory
The president is wrong about what an invasion is—and what powers it triggers.
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.
Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data
Judge Hall’s Hasbajrami decision marks the first time a court has ruled that U.S. person queries of FISA Section 702 data must be performed pursuant to a warrant or an exception…
Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.
Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
The Chiquita Verdict Expands International Human Rights Liability for Corporate Conduct Abroad
A recent verdict may have substantial ramifications for the future of international human rights litigation in U.S. Courts.
At the Supreme Court, Public Corruption Jurisprudence and Lack of Meaningful Ethics Reform Go Hand-in-Hand
By strengthening U.S. public corruption laws to prevent government officials from abusing their public offices for private gain, Congress can help restore public trust in all three…