Litigation

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Congress’s Options in the Courts: Two Paths to Congressional Litigation Against the Executive Branch

An expert examines whether Congress has standing to pursue relief against the executive branch in federal court.

2026 Midterms: Election Integrity Litigation Tracker

A tracker of major litigation concerning the integrity of the 2026 midterm elections.

Constitutional Collision Course

How Congress can help bolster federal judges and help stop Trump administration noncompliance with court orders.

The “Presumption of Regularity” in Trump Administration Litigation (5th edition)

The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
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Liability Could Rein In Rogue AI Agents. Current Law Falls Short.

The three changes that would make AI companies answer for the conduct of their systems and catastrophic risks.

Just the Docs: Eight States Sue OpenAI, Alleging It Misled the Public About ChatGPT’s Safety

Eight state attorneys general file coordinated suits against OpenAI, alleging it concealed ChatGPT’s risks to public safety.
A wide shot of Harvard Yard after sundown, with several people crossing on foot in the center foreground, while in the center background appears a large university campus building with a spire obscured by leafless trees.

Is the Case Challenging Trump’s Denial of Visas to Harvard Students Moot? (Yes and no.)

Expert analysis of what the expired Harvard visa ban means for the university’s lawsuit against the Trump administration.
The front of the U.S. Supreme Court Building against a clear, blue sky, with its columns and steps in shadow and a low shrub in the foreground.

Key Takeaways from Suncor v. Boulder Oral Argument: Jurisdiction, Preemption, and the Proper Role of State Tort Law in Addressing Climate Change

What we learned from oral arguments in the most important climate liability case to reach the U.S. Supreme Court in more than a decade.
A view of the U.S. Department of Justice Building on August 17, 2026 in Washington, DC.

Working Backwards: Inside the Trump Justice Department’s Conclusion-First Approach to Civil Rights

The Civil Rights Division regularly announces investigations or even conclusions with little to no evidence of fact-finding at all.
The front of the U.S. Supreme Court building is seen at twilight on September 14, 2026, in Washington, DC.

Suncor v. Boulder: Why the Constitution and the Clean Air Act Leave Deception-Based Climate Claims Standing

Analysis of what the outcome of Suncor v. Boulder will mean for climate cases that rely on deception claims as the basis for fossil fuel company liability.
An aerial view of the California State Capitol.

Any State Can Make AI Safety Cooperation Legal

State governments have the authority to allow AI companies to coordinate on safety measures without running afoul of federal antitrust laws.

The Just Security Podcast: What’s Behind the Justice Department’s FARA Announcement?

Host David Aaron joins Adam Hickey to discuss an unusual announcement from the Department of Justice on the Foreign Agents Registration Act and Section 951. 
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