Administrative Law

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Session Type: Section Programs

Session Capacity: N/A

Location: Hilton New Orleans Riverside

Room: Grand Salon Section 15

Floor: First Floor

Since his second inaugural in January 2025, President Trump has increasingly challenged many of the settled norms of administrative law. He has asserted power mostly (though not exclusively) through Executive Orders, Proclamations, Memoranda, and National Security Directives. In turn, courts have had to face legal questions about many of these presidential edicts, including those that have targeted law firms; terminated federal funding to certain universities; restricted transgender individuals; dismantled government entities; reduced the size of the civil service; targeted diversity, equity, and inclusion programs; reconstructed birthright citizenship; frozen, halted, or paused statutorily mandated appropriations; and arrested, detained, and removed certain persons under the Alien Enemies Act. In doing so, courts have had to consider not only the legality of the underlying presidential action, but also broader questions about the role of judicial power vis-à-vis the Executive branch more generally. As just one prominent example, in *Trump v. CASA* this past June, the Supreme Court significantly limited courts’ power to issue universal injunctions under the Judiciary Act of 1789 in a case involving an Executive Order on birthright citizenship. This panel will explore how President Trump’s use of Executive Orders and other presidential proclamations, memoranda, and directives has affected the relationship between the Executive and the courts. It will also explore how these presidential orders have fundamentally changed the relationship between the president and others in the Executive branch, thereby transforming internal administrative law.