Litigation
868 Articles

Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.

Private Prison Companies’ Enormous Windfall: Who Stands to Gain as ICE Expands
With unparalleled funding for ICE, corporations supporting the growth of detention infrastructure will continue to see soaring profits.

Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.

Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?
The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.

Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.

Taking Stock of the Birthright Citizenship Cases, Part III: DOJ’s Arguments Regarding Domicile and Unauthorized Immigrants
Unpacking the Justice Department's arguments in the birthright citizenship litigation.

Unlocking Justice: A Policy Roadmap for Victims of Spyware
To introduce accountability for cyberattacks, Congress should make it clear that U.S. courts are the right venue for spyware cases.

The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705
For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.

Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court
The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.

Discovery in U.S. Spyware Litigation: A Double-Edged Sword?
Despite its inherent risks, civil society and policymakers can learn how to benefit from the discovery process in spyware cases.

Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.

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.