Litigation
789 Articles
A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.
The Just Security Podcast: Keeping Track of the Big Picture–Challenges to Press Freedom and Beyond
A discussion with Rebecca Hamilton about the use of State power and how to identify linkages between individual developments and broader trends in press freedom and beyond.
The Trump Administration’s Use of State Power: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.
The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
No, the President Cannot Enforce the Law-Firm Deals
"First, are these agreements legally enforceable? Second, if not, what principled reasons do the firms have for keeping their part of these bargains?"
Online Safety Regulations Around the World: The State of Play and The Way Forward
A global survey and analysis of online safety laws reveals an emerging set of discernible approaches to platform regulation.
Justice Department Fails to Address Central Point in VOA Case
A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.
The Fox TV Problem with Deporting International Students
The SCOTUS decision in FCC v. Fox TV emphasized fair notice, a bedrock requirement of due process that could shield students from removal.
Three Ways Abrego Garcia’s Rights Violated — Two of Which the Government Admits
"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."
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.