Litigation
803 Articles

Court of International Trade’s Flawed Ruling in Striking Down Trump’s Tariffs
On May 28, the U.S. Court of International Trade ruled Trump's tariffs exceed IEEPA's scope; the court's analysis is weak. These cases show limits of constitutional avoidance.

The Trump Administration’s Multi-Front Assault on Federal Research Funding
Costs for scientific progress and the public could be profound if the Trump administration succeeds in significantly cutting research funding.

Hanging “Like a Guillotine”: Trump v. CASA and the Risk of Statelessness
For the first time in modern history, children born on American soil may be rendered stateless. The risk to non-citizen children is real and urgent.

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 Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.

Ideology Matters: An Analysis of Sentencing in Terrorism and Extremism Cases
Ideology affects U.S. terrorism prosecutions: ISIS-linked defendants tend to get longer sentences than those tied to other extremist groups or ideologies.

La Suprema Corte estadounidense falla a favor de armerías ante la demanda de México, pero les niega inmunidad total
Mexico's claims were denied on jurisdiction, but the Supreme Court provided a roadmap to other scenarios in which such claims might advance.

SCOTUS Rules for Gun Manufacturers in Mexico Suit But Denies Blanket Immunity
While Mexico’s claims were set aside, the Court laid out new pathways to accountability, providing a clearer roadmap of which legal strategies are likelier to succeed.

Relocating Nationwide Injunctions
Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.

What Just Happened: The Tariff Litigation Advances
A recent U.S. Court of International Trade ruling may distract more than it changes the course of U.S. President Trump's trade policy.

Too Big to Be Lawful: A Federal Court Halts Mass Layoffs Across the Civil Service
A recent court decision has made clear that reorganizing the federal government can't proceed through backdoor executive planning.