Latest in Courts & Litigation
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The Situation: Court Orders, Kidnapping, and Smuggling
Trump and Bukele play three-card monte with a detainee. -
Can the President Appoint Principal Officers Without the Senate?
Trump claims he can fire officers not picked by the president and hire acting leaders for Senate-confirmed roles outside the Vacancies Act. -
Lawfare Live: Court Hearing on the Removal of Abrego Garcia
Join the Lawfare team for a live discussion on April 15. -
Lawfare Daily: Trials of the Trump Administration, April 11
Listen to the April 11 Lawfare Live. -
The Situation: Formalist Delusions Confront Lawless Realities
Why would anyone grant these people a presumption of regularity? -
Appointments, Removal, and the Unitary Executive Empowered
President Trump’s restructuring of the administrative state is unprecedented—what does Supreme Court precedent say about its legitimacy? -
Rational Security: The "Humphrey's Executor's Executor" Edition
Scott Anderson, Benjamin Wittes, Quinta Jurecic and James Pearce talked through the week's biggest national security news stories. -
What Happens When Courts Can’t Trust the Executive Branch?
In the lower courts, the presumption of regularity is in free fall—if it hasn’t crashed already. -
Mixed Signals on Alleged Alien Enemies
The Supreme Court insists on due process but offers no specifics and leaves hundreds in a Salvadoran prison with no remedy. -
Lawfare Live: Trials of the Trump Administration, April 11
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
The Tangled History of the State Secrets Privilege
Contemporary jurisprudence around the privilege has not always been careful to distinguish it from historically adjacent doctrines. -
The Situation: Missing
Can the government win a case by losing the plaintiff?
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