Litigation
855 Articles
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 the 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.
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.