Litigation
852 Articles
“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook
In these two cases, the Court misread history with an unmistakable result: two fundamentally irreconcilable decisions.
The Federal Reserve Exception to the Slaughter Rule
On the Supreme Court’s latest reasoning about the Federal Reserve and the fault lines that are likely to emerge in the years ahead.
Fencing with Fourth Amendment: Unpacking the Supreme Court’s Chatrie Decision
Chatrie stands as an important but narrow reaffirmation of the Supreme Court’s determination not to let technology overwhelm all privacy expectations in the digital age.
Sanitized and Unreviewable: Unpacking the Supreme Court’s Mullin v Doe on Ending Temporary Protected Status for 1.3m Noncitizens
Leading immigration expert unpacks the Supreme Court's ruling on temporary protected status for Haitian and Syrian residents in U.S.
Supreme Court Closes the Door on the Alien Tort Statute
Unpacking the Supreme Court opinion in Cisco Systems, Inc. v. Doe.
Reflections from Today’s Judiciary on the Anniversary of the Declaration of Independence
Many actions taken by the current administration echo the grievances laid out in the Declaration of Independence against King George III.
Immigration Habeas Tracker: Government Obstruction, Judicial Trust, and Accountability
A comprehensive study of immigration habeas litigation from the second Trump administration, assessing how courts responded to protect judicial authority and individual rights.
Looking Back at Humphrey’s Executor
On the forgotten history of the Supreme Court's Humphrey’s Executor v. United States, a cornerstone of the administrative state.
Blanche Is Targeting the D.C. Bar to Remove Ethical Guardrails for the Justice Department
Legal ethics expert warns Acting AG Todd Blanche's lawsuit against the DC Bar is part of a broader campaign to free DOJ lawyers from the ethical rules governing their peers.
The Collateral Damage of Anti-Trans Policymaking
From healthcare bans to funding cuts, the consequences of hate-driven policymaking opposing transgender rights ripple broadly across communities.
The Cynicism Behind the Administration’s Proposed Forced Labor Tariffs
The labor issues the U.S. Trade Representative claims to investigate are real problems. They should not become pretexts for tariffs the administration already wants.
The Continuing Saga of Chief Judge Boasberg’s Contempt of Court Inquiry Involving Todd Blanche and Emil Bove
Options for the DC Circuit en banc in these contempt of court proceedings.