Litigation
840 Articles
What Congress Should Do About the President’s Sweetheart Deal in Trump v. IRS
Tax law experts offer three actions that Congress must take to fully unwind the Trump administration’s settlement and hold its architects accountable.
Delegation of Tariff Authority by Other Means
After the Supreme Court limited IEEPA tariff authority, the Trump administration turned to Section 301, raising new questions about executive power, trade law, and delegation.
State and Administrative Law Backstops to Federal Corruption
How the Administrative Procedure Act and state unfair competition laws could be used to punish, deter, or expose corruption in the federal government.
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.
Cybersecurity Meets Geopolitics at Top EU Court
An upcoming ruling at the Court of Justice of the EU will shape the course of European cyber and ICT supply chain security regulation.
The Trump Administration’s Fraud Problem
The Trump administration invokes “fraud” to justify freezing Medicaid, SNAP, and family aid, sidestepping legal safeguards and turning vital programs into political weapons.
A Survey of Sovereign Standing: Developments in State-Led Lawsuits Against the Federal Government
Recent state-led cases against the federal government demonstrate the range of injuries that states are successfully asserting under the current doctrines of state standing.
Beware the AI Preemption Trap
The White House's National AI Policy Framework asks Congress to shut down the only governments that are regulating AI, in exchange for a federal regime that would not.
The “Presumption of Regularity” in Trump Administration Litigation (4th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
America Is Turning Away People Fleeing for Their Lives — and Breaking the Law to Do It
Former senior officials explain why the Trump administration's argument in Noem v. Al Otro Lado is morally troubling and legally wrong.
Fourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case
In Al Shimari, the Fourth Circuit affirmed two Alien Tort Statute claims: conspiracy to commit torture and conspiracy to commit cruel, inhuman, and degrading treatment.
Confrontation in Court: How to Hold the Trump Administration Accountable for Violating Court Orders
Judge Schiltz’s orders in Tobay Robles v. Noem expose 96 ICE court-order violations in one month and show how forcing top officials to testify can restore the rule of law.