ANALYSIS: EOs Fuel Wave of Affirmative US Litigation

The swell of litigation challenging President Donald Trump’s executive orders and the agency actions implementing them has been massive, according to Bloomberg Law’s Executive Orders Tracker.

Perhaps surprisingly, the US is also quite active as a plaintiff in executive order lawsuits. In these suits, the federal executive is seeking to bring other entities—mostly states and cities—into compliance with its policies. While most of these lawsuits are still in the preliminary stages of litigation, some have settled and the government has lost a few.

There have been two areas of focus for US-filed cases: (1) collective bargaining cases brought against ...