Supreme Court (SCOTUS)

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Members of the Texas National Guard are seen at the Elwood Army Reserve Training Center on October 07, 2025 in Elwood, Illinois. The Trump administration has been threatening for more than a month to send the guard to Illinois to address Chicago's crime problem and to support ICE and CBP during Operation Midway Blitz. Illinois Governor JB Pritzker has been outspoken in his opposition to the move, accusing the president of using the guardsmen as political pawns. (Photo by Scott Olson/Getty Images)

The Supreme Court: the Last Defense Against Trump’s Military Police State

The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.
Crew members of the US Navy warship USS Sampson (DDG 102) are pictured at the Amador International Cruise Terminal in Panama City on September 02, 2025. Venezuelan President Nicolas Maduro said on September 1, 2025, that eight US military vessels with 1,200 missiles were targeting his country, which he declared to be in a state of "maximum readiness to defend" itself. (Photo by MARTIN BERNETTI/AFP via Getty Images)

The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations

Congress and the public must do more to address the dangerous pressures imposed on servicemembers and defend the guardrails that protect both U.S. forces and democracy.

The “Presumption of Regularity” in Trump Administration Litigation

A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
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.
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
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