Latest in Courts & Litigation
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Fourth Amendment Law by Analogy
A review of Orin Kerr, “The Digital Fourth Amendment: Privacy and Policing in Our Online World,”(Oxford University Press, 2025). -
Lawfare Live: The Trials of the Trump Administration, March 20
Join the Lawfare team at 4 pm ET for a discussion of the litigation surrounding the Trump administration. -
Article I and the Major Questions Doctrine After Learning Resources
How the Court’s fractured tariff decision may reshape delegated executive authority well beyond trade—and why the future of the major questions doctrine remains far from settled. -
The Right Remedy in the Anthropic Case
The government can stop buying from Anthropic anytime it wants. It just can't bypass the procurement system Congress built to do it. -
AEA Litigation: Enforcing Congress’s Limits on Delegated Power
History shows the Trump administration is misinterpreting the Alien Enemies Act. The administration says courts shouldn't intervene. -
Canadian Courts Are Holding the Line on National Emergency Powers
As the Americas drift toward rule by fiat, Canadian courts are enforcing strict limits on emergency powers. -
Slavery and Birthright Citizenship
The administration’s position in the birthright citizenship case contradicts the central purpose of the 14th Amendment’s Citizenship Clause. -
Lawfare Daily: The Trials of the Trump Administration, March 13
Listen to the March 13 livestream as a podcast. -
The IEEPA Tariffs Are Gone. The Damage Is Done.
Next time the courts face patently illegal tariffs, they should not wait so long to put an end to them. -
Lawfare Live: The Trials of the Trump Administration, March 13
Join the Lawfare team at 4 pm ET for a discussion of the litigation surrounding the Trump administration. -
Constitutional Duels in the Court’s Rejection of Trump’s Tariffs
The justices agree that Congress should play the leading role in some realms, but they disagree on when—and how to get there. -
Anthropic Challenges the Pentagon’s Supply Chain Risk Determination
Pursuant to FASCA, the AI company requested that the D.C. Circuit review the Defense Department’s determination.


