Latest in Courts & Litigation
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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? -
Lawfare Daily: Trials of the Trump Administration, April 4
Listen to the April 4 livestream. -
The Situation: Contempt Cometh
“To the extent that it's contrary to things that are true, they would be false.” -
The Situation: Happy Liberation Day to All Who Celebrate
All you have to do is close your eyes. -
Lawfare Live: Trials of the Trump Administration, April 4
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
In Alien Enemies Case, Many With Open Asylum Claims Allegedly Removed
Affidavits allege that individuals have been wrongfully sent to an El Salvador mega-prison for terrorists.
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