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X-WR-CALNAME:Reiss Center on Law and Security
X-ORIGINAL-URL:https://www.lawandsecurity.org
X-WR-CALDESC:Events for Reiss Center on Law and Security
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DTSTART;TZID=America/New_York:20260401T131000
DTEND;TZID=America/New_York:20260401T142500
DTSTAMP:20260412T055304
CREATED:20260320T135513Z
LAST-MODIFIED:20260410T201605Z
UID:17464-1775049000-1775053500@www.lawandsecurity.org
SUMMARY:Facts\, Pretexts\, and Judicial Scrutiny of Executive Power
DESCRIPTION:\n  \n \nEvent Details:  \nWednesday\, April 1\, 2026 \n1:10–2:25 p.m. \n  \nThis event has been approved to offer one New York State CLE credit in the category of Areas of Professional Practice.  \n  \nHistorically\, federal courts have deferred significantly to the factual determinations and decision-making processes of the executive branch\, especially in the national security context. But as the current administration invokes an expanding set of emergency or extraordinary powers—in efforts to deploy military forces for domestic purposes\, to levy tariffs\, to deport individuals\, to undertake military operations abroad—many of the factual claims supporting these exercises of power have increasingly been contested. Given this trend\, how are courts now evaluating contested facts and traditional deference? How should they be? Should judges distinguish between different administrations in their approach? To the extent that judicial skepticism of the executive’s facts and decision-making is increasing\, what broader implications might that have for government lawyers advising their policy clients or handling civil and criminal cases? What\, if anything\, is the role for Congress? \nThe Reiss Center on Law and Security was honored to co-host this discussion with leading experts on this pressing and underexplored set of questions that touch at the heart of national security\, executive power\, and the relationship among the branches of government. \nThis Forum is co-hosted by the Reiss Center on Law and Security. \nSpeakers\nChristopher Fonzone\, Former Assistant Attorney General\, Office of Legal Counsel\, US Department of Justice; Non-Resident Senior Fellow\, Reiss Center on Law and Security\, NYU School of Law \nThomas B. Griffith\, Lecturer\, Harvard Law School; Special Counsel\, Hunton Andrews Kurth LLP; Judge\, US Court of Appeals for the District of Columbia Circuit\, 2005-2020 \nRebecca Ingber\, Professor\, Cardozo Law School; Non-Resident Senior Fellow\, Reiss Center on Law and Security\, NYU School of Law; Former Counselor on International Law\, Office of the Legal Adviser\, US Department of State \nRyan Goodman (Moderator)\, Anne and Joel Ehrenkranz Professor of Law and Faculty Co-Director\, Reiss Center on Law and Security\, NYU School of Law; Founding Co-Editor-in-Chief\, Just Security \nCLE Readings\nRyan Goodman et al.\, The “Presumption of Regularity” in Trump Administration Litigation (4th edition)\, Just Security (March 19\, 2026)\,  https://www.justsecurity.org/120547/presumption-regularity-trump-administration-litigation/. \nDavid Bier\, The Administration Misleads & Ignores Courts Most Often in Immigration Cases\, CATO Institute (January 27\, 2026)\, https://www.cato.org/blog/admin-misleads-ignores-courts-most-often-immigration-cases.  \nSusan Monyak\, DOJ Lawyers’ Courtroom Lies Challenge Judiciary\, Ex-Judges Say\, Bloomberg Law (October 22\, 2025)\, https://news.bloomberglaw.com/us-law-week/judiciary-navigates-doj-lawyers-courtroom-lies-ex-judges-say. \nMary McCord\, When Deference is No Longer Due\, Just Security (October 14\, 2025)\,  https://www.justsecurity.org/122485/when-deference-is-no-longer-due/. \nRebecca Ingber\, Judicial Deference and Presidential Power Under the Alien Enemies Act\, Just Security (May 20\, 2025)\,  https://www.justsecurity.org/113589/political-question-alien-enemies-act/. \n
URL:https://www.lawandsecurity.org/calendar/facts-pretexts-and-judicial-scrutiny-of-executive-power/
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