Litigation
826 Articles
The Huawei Arrest: How It Likely Happened and What Comes Next
The arrest and possible extradition of an executive of Chinese tech giant Huawei raises important questions about foreign policy cases and Justice Department autonomy.
Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question
Shortly before the midterm elections, President Trump stirred up a hornet’s nest in suggesting he could, by executive order, withdraw the right to citizenship at birth from children…
Jamal Khashoggi, the U.S. Supreme Court and the Limits of Inviolability
Jamal Khashoggi’s murder could complicate the Sudan v. Harrison case, which is set for oral argument before the Supreme Court on November 7.
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
[With relatively minor oral argument updates; Nov. 8] In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…
Explainer: Object Lessons in Mismanagement at the Donald J. Trump Foundation
Amid the many legal problems swirling around President Trump, New York state authorities have launched significant investigations of the Donald J. Trump Foundation. The Attorney…
The Constitutional Challenge to Robert Mueller’s Appointment (Part III): What Would be “Good Cause” to Remove Mueller?
[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
Jam v. International Finance Corp.: May International Organizations Violate Rights with Impunity?
Tomorrow, the Supreme Court will hear oral argument in a case that will decide the scope of immunity for international organizations in our courts. This issue facing the Supreme…
(Not So) Fast and Furious Settlement in Congressional Subpoena Case
Efforts to settle lengthy litigation over congressional subpoena power and executive privilege hit a snag this week. Judge Amy Berman Jackson declined to vacate her executive privilege…
The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction
[Minor Update after Oral Argument below–November 8] Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson,…
What Is the Flores Agreement, and What Happens If the Trump Administration Withdraws from It?
If the Trump administration succeeds in ending a decades-old court decision governing the treatment of migrant children, it will be able to detain migrant children indefinitely…
Contempt Prosecutions Require Comity Between Branches of Government, Now Add Trump
The campaign season for the midterm elections is in full swing, with the Republican majorities in the House and, to a lesser extent, Senate in some peril. Should we have a divided…
When the President is At War with the Presidency: Implications for Presidential Authority from Trump v. Hawaii
What is the relationship between the person of the president and the office of the presidency? That question lies at the crux of Trump v. Hawaii, though it remains largely unaddressed…