Litigation
861 Articles
The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case
Marty Lederman outlines the easiest and most straightforward way for SCOTUS to decide the USPS mail-in ballot case
What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
Sword of the People: The Power of Grand Juries to Investigate Administration Corruption
The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.
New International Criminal Court Sanctions and the Threat to U.S. Democracy
The U.S. sanctions against International Criminal Court judges and officials are a threat to constitutional rights in the United States.
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 interactive graphic offers one method.
Four Things State and Local Prosecutors Can Do to Combat Federal Corruption
State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.
Challenging Toxic Air Exemptions – and a Pattern of Executive Overreach on Regulatory Rollbacks
Together, the Trump administration’s vision of the Clean Air Act’s exemption authority and shutting courts out from review is one of completely unchecked presidential power.
If Federal Courts Don’t Trust Trump’s DOJ, Should Civil Rights Funders?
After suspending donations to SPLC, major charitable giving platforms must question whether it is prudent to defer to a DOJ that courts no longer trust.
“Zero Evidence”: How Judges and Grand Juries Have Rejected Trump Administration Efforts to Investigate and Prosecute
A detailed record of federal courts and grand juries rejecting the Trump administration’s use of subpoenas, search warrants, and indictments.
“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.