Litigation
868 Articles
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.
The Collateral Damage of Anti-Trans Policymaking
From healthcare bans to funding cuts, the consequences of hate-driven policymaking opposing transgender rights ripple broadly across communities.
The Cynicism Behind the Administration’s Proposed Forced Labor Tariffs
The labor issues the U.S. Trade Representative claims to investigate are real problems. They should not become pretexts for tariffs the administration already wants.
The Continuing Saga of Chief Judge Boasberg’s Contempt of Court Inquiry Involving Todd Blanche and Emil Bove
Options for the DC Circuit en banc in these contempt of court proceedings.
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.
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.