University of Wisconsin–Madison

Author: tdacruz

How a Scholar Nudged the Supreme Court Toward Its Troop Deployment Ruling

In a significant ruling, the U.S. Supreme Court temporarily blocked the Trump administration from deploying National Guard troops to the Chicago area, delivering one of its first major setbacks to Trump’s expansive claims of executive power in months. The decision was heavily influenced by an unusual source: a friend-of-the-court brief submitted by Georgetown law professor …

U.S. federal judge blocks Trump move to revoke whistleblower attorney’s security clearance

A federal judge in Washington has blocked the Trump administration from revoking the security clearance of Mark Zaid, a prominent attorney known for representing whistleblowers and national security officials. Judge Amir Ali ruled that the presidential memorandum targeting Zaid amounted to improper political retribution and could not be used to penalize a lawyer for representing …

Democratic-led states challenge Trump administration’s attempt to defund CFPB

A coalition of attorneys general from 21 U.S. states and the District of Columbia has filed a lawsuit to block the Trump administration’s effort to defund the Consumer Financial Protection Bureau (CFPB). The suit argues that the administration’s refusal to request funding from the Federal Reserve is unlawful and violates Congress’s constitutional authority, effectively undermining …

Court Watchers Warn Supreme Court Is Enabling Executive Overreach Under Trump

In a critical assessment of the U.S. Supreme Court’s role in 2025, court watchers argue that the justices — particularly Chief Justice John Roberts — have largely enabled President Donald Trump’s second-term agenda, weakening the judiciary’s role as a check on executive power. According to Courthouse News Service, the Supreme Court sided with the Trump …

Congressional Letter on DOJ Ethics and Conflicts of Interest

In December 2025, a bipartisan group of Members of Congress sent a formal letter to Attorney General Pamela Bondi and Deputy Attorney General Todd Blanche raising serious concerns about potential conflicts of interest and ethical lapses within the U.S. Department of Justice. The letter documents a pattern of DOJ interventions, dismissals, and discretionary decisions in …

When Judges Are Attacked, You Suffer

In this New York Times opinion video, U.S. District Judge Esther Salas warns that escalating political attacks on the judiciary are directly endangering judges and undermining the rule of law. Drawing on her personal experience — including the 2020 murder of her son, Daniel Anderl, by a litigant seeking revenge — Salas describes a sharp …

European Court Finds Poland’s Constitutional Tribunal Violated EU Law

On December 18, 2025, the Court of Justice of the European Union ruled that Poland’s Constitutional Tribunal breached fundamental principles of EU law and cannot be considered independent or impartial. The court cited serious irregularities in the appointment of the tribunal’s president and several judges, most of whom were installed under the former Law and …

Urribarri (2011). “Courts between democracy and hybrid authoritarianism: evidence from the Venezuelan Supreme Court.”

Urribarri, R. A. S. (2011). Courts between democracy and hybrid authoritarianism: evidence from the Venezuelan Supreme Court. Law & Social Inquiry, 36(4), 854-884. This article offers a theoretical discussion about courts in “hybrid regimes” that evolve from formerly democratic countries. The evolution toward authoritarianism typically allows governments more latitude to reduce judicial independence and judicial power. Yet, …

Kureshi (2021). “When Judges Defy Dictators”

Kureshi, Y. (2021). When Judges Defy Dictators. Comparative Politics, 53(2), 233-2. Under what conditions do judiciaries act assertively against authoritarian regimes? The author argues that the judiciary coalesces around institutional norms and preferences in response to the preferences of institutions and networks, or “audiences,” with which judges interact, and which shape the careers and reputations of judges. …

Kapiszewski (2011). “Tactical balancing: High court decision making on politically crucial cases.” 

Kapiszewski, D. (2011). Tactical balancing: High court decision making on politically crucial cases. Law & Society Review, 45(2), 471-506. This article advances a new account of judicial behavior: the thesis of tactical balancing. Building on existing models of judicial decision making, the thesis posits that high court justices balance a discrete set of considerations—justices’ ideologies, their institutional …