Litigation
874 Articles
State Attorneys General Can Enforce Federal Laws the Executive Branch Won’t
To combat executive non-enforcement, state attorneys general are using antitrust law to hold corporations accountable.
What’s Conspicuously Missing from the Government’s Supreme Court Reply Brief in the Mail Ballots Case
The most noteworthy development of the past couple of days is what Solicitor General Sauer does not say.
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.