Litigation
840 Articles

Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs
Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.

The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained

The Immigration Registration Trap Goes Live
When a court finally addresses the merits of the rule, there are strong procedural and substantive grounds to challenge its implementation.

Unpacking the Voice of America Litigation
Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.

No, the President Cannot Issue Bills of Attainder
Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

The Missing Due Process for Gang Allegations
There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.

“In the Event of Extreme Urgency”: The International Court of Justice Must Indicate New Provisional Measures to Protect Civilians in Gaza
Authors argue the ICJ must direct Israel to halt the current course of the military campaign in Gaza before too late.

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security
A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.