Latest in Courts & Litigation
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Lawfare Daily: The Trials of the Trump Administration, Feb. 21
Listen to the Feb. 21 livestream. -
Supreme Court Rules in Foreign Sovereign Immunity Case
The Court holds that commingling funds, “without more, cannot satisfy the commercial nexus requirement of the FSIA’s expropriation exception.” -
Lawfare Live: Trials of the Trump Administration, Feb. 21
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
IEEPA Tariffs’ Many Legal Challenges
There are more promising angles to challenge Trump’s potential use of IEEPA for tariffs than on major questions doctrine or national emergency grounds. -
Birthright Citizenship and the Obscure Right of Expatriation
Recent attempts to undermine the century-old consensus on birthright citizenship have failed spectacularly. But the obscure history of the inherent right of expatriation provides an additional reason not... -
Lawfare Daily: The Trials of the Trump Administration, Feb. 14
Listen to the February 14 livestream. -
The TikTok Ban Withers Away
As Apple and Google put TikTok back in app stores, Trump's non-enforcement policy threatens to permanently nullify Congress's law. -
SDNY Acting U.S. Attorney Resigns Over Order to Drop Adams Charges
Manhattan’s top prosecutor resigned after refusing a Justice Department order to drop corruption charges against Mayor Eric Adams. -
Lawfare Daily: Are the Courts Ready for a Trump Presidency?
Discussing how courts are faring in the Trump presidency. -
Lawfare Live: The Trials of the Trump Administration, Feb. 14
Join the Lawfare team at 4pm ET -
Rational Security: “The General Mattis of the NFL” Edition
Scott Anderson, Tyler McBrien, Nastya Lapatina, and Joel Braunold talked over the week's big national security news stories -
Lawfare Daily: Jack Goldsmith on Trump v. United States and Executive Power
How does Trump v. United States extends beyond presidential immunity?


