Litigation
848 Articles
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.
Can the U.S. Government Be Sued for Wrongful Death in a Caribbean Boat Strike?
In Burnley v. United States, relatives sue on behalf of two Trinidadian men killed in a boat strike, confronting U.S. sovereign immunity and the political question doctrine.
Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications
The rationale behind the Supreme Court’s decision in 𝑇𝑟𝑢𝑚𝑝 𝑣. 𝐼𝑙𝑙𝑖𝑛𝑜𝑖𝑠 complicates Trump's remaining options for deploying federal military…
Head of State Immunity and Maduro on Trial
Why did Maduro tell the judge he's still president? One reason: under international law, one country's sitting head of state can’t be prosecuted in another country’s courts.
A SCOTUS Bench Memo for Trump v. Slaughter, the FTC Removal Case: Stare Decisis, Historical Practice, and Original Intent
Trump’s attempt to fire FTC Commissioner Rebecca Slaughter without cause forces the Court to revisit Humphrey’s Executor and the future of independent agencies.