Latest in Courts & Litigation
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Judicial Independence May Require Confrontation
SCOTUS cannot avoid a constitutional crisis by avoiding confrontation with the administration. -
Foreign Assistance Is Not an Article II Power
Congress, not the president, has the authority to determine U.S. foreign assistance policy. -
Lawfare Live: Trials of the Trump Administration, March 7
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
Trump’s Dismantling of the Government Hurts Due Process
The Trump administration’s firings threaten the procedural due-process rights of individuals who appear before adjudicatory agencies. -
Lawfare Daily: The Trials of the Trump Administration, Feb. 28
Listen to the Feb. 28 livestream now. -
‘One Voice’ and the Trump Administration’s Conduct of Foreign Affairs
A new executive order deploys a contested theory of presidential authority—and uses it to target the public servants responsible for conducting America’s foreign relations. -
Office Providing Relief to Fired Federal Employees Is Under Threat
Trump’s attempts to fire Office of Special Counsel head Hampton Dellinger threaten a crucial guardrail in the civil service system. -
Lawfare Live: Trials of the Trump Administration, Feb. 28
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
Who Is Running the U.S. DOGE Service?
At a recent hearing, no one—not even the Trump administration’s own lawyers—seemed to know. -
District Court Judge Rules FISA 702 Queries Required Warrant
The ruling may encourage inclusion of a warrant requirement for U.S. person queries in next year’s Section 702 reauthorization. -
There Is No Puzzle About Birthright Citizenship
Barnett and Wurman invoke a nonexistent “puzzle” about the law of nations to justify their theory about birthright citizenship. -
Temporary Blocks: What You Need to Know About TROs and Preliminary Injunctions
An explanation of two key legal concepts at the center of litigation challenging Trump executive orders.


