Trump Administration Executive Actions

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The Just Security Podcast

The Just Security Podcast: What Just Happened, The Budget Bill and the Future of DHS and ICE

Host David Aaron is joined by Steve Cash to discuss institutional constraints on the FBI and law enforcement agencies compared to DHS.
Exterior view of The United States Court of International Trade in lower Manhattan on May 29, 2025 in New York City. In a ruling that surprised many, the Manhattan-based trade court ruled in an opinion by a three-judge panel that a 1977 law called the International Emergency Economic Powers Act (IEEPA) does not grant Trump "unbounded" authority to impose the worldwide and retaliatory tariffs he has issued by executive order recently. (Photo by Spencer Platt/Getty Images)

Court of International Trade’s Flawed Ruling in Striking Down Trump’s Tariffs

On May 28, the U.S. Court of International Trade ruled Trump's tariffs exceed IEEPA's scope; the court's analysis is weak. These cases show limits of constitutional avoidance.
A woman does research on skin wound healing in a lab

The Trump Administration’s Multi-Front Assault on Federal Research Funding

Costs for scientific progress and the public could be profound if the Trump administration succeeds in significantly cutting research funding.
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.
Scales of justice and judge's gavel on wooden table against American flag

Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties

Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.
Soldiers from the 143rd Military Police Company, 49th Military Police Brigade, California National Guard, serving under Title 10 status, establish a security perimeter in Mecca, Calif., June 18, 2025. U.S. Northern Command is supporting federal agencies by providing military forces to protect federal functions, personnel, and property in the greater Los Angeles area. On June 7, the Secretary of Defense directed USNORTHCOM to establish Task Force 51 to oversee Title 10 forces supporting this mission. (U.S. Army photo by Sgt. Chase Murray)

Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation

"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
Screenshot from Newsom v. Trump hearing in 9th District Court of Appeals (via YouTube)

Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump

"Congress has been far more clear than is widely believed about what its view is..."
U.S. President Donald Trump signs an Executive Orde

The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment

The Trump administration's efforts to circumvent the APA's notice-and-comment requirements risk setting a damaging precedent.
A sign for the US Department of Homeland Security in Washington, DC, March 24, 2025. (Photo by JIM WATSON/AFP via Getty Images)

How DHS’s New Social Media Vetting Policies Threaten Free Speech

A pair of cables issued by the State Department that are ostensibly intended to combat antisemitism will inevitably chill or punish First Amendment-protected speech.
Secretary of State Marco Rubio testifies before the House Committee on Appropriations | Subcommittee on National Security, Department of State, and Related Programs at the Rayburn House Office Building on May 21, 2025 in Washington, DC. Rubio testified on the proposed budget estimates for fiscal year 2026 for the Department of State. (Photo by John McDonnell/Getty Images)

How the Proposed State Department Reorganization Guts U.S. Human Rights Diplomacy

"Congress should urge Secretary Rubio to modify the proposed plan in ways that would sustain bipartisan U.S. efforts to advance democracy and human rights across the globe."
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