Executive Branch

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Examining the Remarkable Rise of Ultra Vires Claims Against the Executive Branch

Since 2016, presidents and their administrations have increasingly drawn lawsuits arguing that they are overstepping their authority. In these ultra vires claims, litigants contend that presidential actions—including, for example, executive orders, proclamations, or memoranda, as well actions by executive agencies done at the President’s behest—exceed the scope of the authority […]