Supreme Court (SCOTUS)

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The U.S. Supreme Court at night.

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.
A view of the front portico of the United States Supreme Court building in Washington, DC

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.

The “Presumption of Regularity” in Trump Administration Litigation

A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
A man walks in front of the Supreme Court building at dusk.

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.
People demonstrate with CASA outside the Supreme Court of the United States on Thursday May 15, 2025. (Photo by Matt McClain/The Washington Post via Getty Images)

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.
National Labor Relations Board (via Wikimedia Commons).

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.
The U.S. Supreme Court building stands in Washington, D.C., U.S.

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.
A man walks in front of the Supreme Court building at dusk.

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.
A color drawing of Daniel Webster arguing before the Supreme Court.

Will to Resist: What Dartmouth Teaches Harvard About Protecting American Freedom

"One of the most consequential Supreme Court decisions arose from the courageous resolve of the Dartmouth College trustees to resist the unlawful encroachments..."
Pathways to "universal” relief after Trump v. CASA (Just Security)

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
The U.S. Supreme Court is shown at dusk on June 28, 2023 in Washington, DC. (Photo by Drew Angerer/Getty Images)

After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions

After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.
A sign indicates Texas Gun, one of the 6,700 gun dealers located near the 2,000 miles long U.S.-Mexico border. (Photo by Gilles Mingasson/Getty Images)

La Suprema Corte estadounidense falla a favor de armerías ante la demanda de México, pero les niega inmunidad total

Mexico's claims were denied on jurisdiction, but the Supreme Court provided a roadmap to other scenarios in which such claims might advance.
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