Judicial Review
12 Articles
Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.
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.
The Legal Takeover of the Manifestly Unlawful Order Doctrine in Israel
The involvement of lawyers allows combatants to absolve themselves from thinking about human rights considerations as long as they believe the military functions as part of a democratic…
The Just Security Podcast: Supreme Court Ethics 101
To help us understand judicial ethics and what can be done to keep the Justices accountable, we have Caroline Fredrickson and Alan Neff.
What Israel’s Judicial Crisis Can Teach Us About Our Own
Linkages in the Israeli debates of an independent judiciary to the protection of democracy suggests a cautionary note for the United States.
The Just Security Podcast: Eliminating the Judicial “Blue Slip”
An obscure process called the “blue slip,” allows a single Senator to stop a judicial nomination in its tracks.
Dear Senator Durbin, It’s Time to End the “Blue Slip” for Judicial Nominees
It's long past time for the Senate to abandon the anti-democratic "blue slip" process for judicial nominations.
What Judge Kavanaugh’s “Originalism” Means for the Country
"But Kavanaugh’s nomination presents a question that is much deeper than whether the Court is destined to tack to the right on particular policy questions. At stake is what role…
What Does the New Travel Ban Say About Trump’s Relationship to Judges? Stay Tuned…
In coming days and weeks, much of the discussion about President Donald Trump’s new travel ban will focus on its similarities and differences from its predecessors and what those…
Democracy in Peril in Poland
The collapse of communism in Central and Eastern Europe unleashed one of the most remarkable political transformations of modern times, paving the way for millions of Europeans…
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