Month: July 2025

There is a powerful means to challenge executive action apart from the Administrative Procedure Act.

Agencies could conceivably use AI at numerous points in the rulemaking process, raising a host of legal and policy questions. AI tools of various stripes could be used to identify subjects for rulemaking or regulations in need of revision or elaboration. 

So-called “universal” injunctions—court orders that bar the government from enforcing a challenged policy against anyone, not just the plaintiffs in a case—have been a feature of litigation against the Trump administration. Or at least they were. In last Friday’s decision in Trump v. CASA, the Supreme Court limited the availability of such injunctions, paring back the universal relief that had been provided by three district courts in challenges to President Donald Trump’s executive order on birthright citizenship. Still, CASA leaves plaintiffs with several avenues to obtain relief that approximates the scope of the erstwhile universal injunction.