Just Security: Trump’s Use of Consent Decrees to Dismantle Policy
The Trump administration is deploying a previously limited tactic to achieve its deregulatory goals: entering consent decrees—settlements between the parties that are entered as court orders—with private plaintiffs to wipe a challenged law or regulation from the books.
Lawfare: Trump’s ‘Merit Hiring Plan’ Has a First Amendment Problem
The administration is adding a political loyalty test to federal job applications. That is unlawful.
Just Security: The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705
Section 705 is best read to allow courts to stay agency action across the board. For litigants seeking to move quickly against unlawful executive action, it should be a powerful tool.
Lawfare: NRC v. Texas and Nonstatutory Review of Executive Action
There is a powerful means to challenge executive action apart from the Administrative Procedure Act.
Notice & Comment: Seeking Disclosure of AI Usage in Agency Rulemaking
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.
Just Security: Pathways to “Universal” Relief After Trump v. CASA
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,