Supreme Court (SCOTUS)
325 Articles
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.
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
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.
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.
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.
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.
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.
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.
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
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions