Litigation
810 Articles

Legal Frameworks for Addressing Spyware Harms
Introducing a new series on accountability for spyware harms convened by the Atlantic Council in partnership with Just Security.

Dissecting the Litigation: Where Trump Administration Actions Face Early Roadblocks or Traction
A snapshot of where litigation stands and how courts are ruling on challenges to the Trump administration's executive actions.

Brazil’s Digital Sovereignty Is Under Attack: How Courts, Platforms, and Constitutional Law Are Redefining Democracy Online
At the heart of Brazil’s approach to digital constitutionalism is a legal framework that treats platform governance as essential to democracy.

New and Improved Litigation Tracker: Legal Challenges to Trump Administration Actions
Announcing the increased functionality of the Litigation Tracker, which monitors all lawsuits against Trump administration executive actions.

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 graphic offers one method.

The Freedom of Information Act and Deteriorating Federal Transparency Infrastructure
Weakening FOIA does not merely impair public knowledge — it also reduces the likelihood that abuses will be detected and deterred.

Taking Stock of the Birthright Citizenship Cases, Part I: Unpacking Trump v. CASA, Inc.
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.

Climate-Vulnerable States Vindicated in the Hague: A First Look at the International Court of Justice’s Climate Advisory Opinion
With this unanimous opinion, the ICJ has taken a clear stand in favor of a coherent and equitable international legal response to climate change.

Court of International Trade’s Flawed Ruling in Striking Down Trump’s Tariffs
On May 28, the U.S. Court of International Trade ruled Trump's tariffs exceed IEEPA's scope; the court's analysis is weak. These cases show limits of constitutional avoidance.

The Trump Administration’s Multi-Front Assault on Federal Research Funding
Costs for scientific progress and the public could be profound if the Trump administration succeeds in significantly cutting research funding.

Hanging “Like a Guillotine”: Trump v. CASA and the Risk of Statelessness
For the first time in modern history, children born on American soil may be rendered stateless. The risk to non-citizen children is real and urgent.

Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions