Study documents courts eroding the presumption of regularity in Trump administration litigation

A Just Security study tracks how courts have narrowed the presumption of regularity, a doctrine that gives executive agencies deference in litigation. It counts 60 cases of government non-compliance with court orders, 112 cases of judicial distrust of government representations and 145 cases of arbitrary and capricious findings since January 2025, with much larger totals for immigration habeas cases.

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