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U.S. Courts and Presidential Emergency Measures

The role of U.S. courts in policing presidential emergency measures and their impact on civil liberties, including the development of doctrinal tools and the balance between executive power and constitutional protections.

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Jan 31, 2026
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What are the potential legal consequences if a state-level conviction collides with presidential immunity or a sitting president’s authority?

A collision between a state-level conviction and claims of would trigger immediate legal fights over whether the challenged conduct was an “official act” and therefore immune, a question recently fram...

Jan 17, 2026

How have U.S. courts ruled on past presidential emergency measures that affected civil liberties (e.g., Ex parte Milligan, Korematsu)?

U.S. courts have played a mixed but decisive role in policing presidential emergency measures that impinge on civil liberties: at times they have struck down executive excess (Ex parte Milligan, Young...