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Appellate & Civil Litigation
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FOIA Lawsuits Against DHS, ICE, FBI and DoD: What We Found
The short answer Status update, October 22, 2026. This post reports where our four FOIA lawsuits stand, publishes every record the agencies have released so far, and explains what each document is. We will keep enforcing these requests until the law is followed. In March 2026, Biazzo Law's Government Oversight Program asked four federal agencies — the Department of Homeland Security, Immigration and Customs Enforcement, the FBI and the Department of Defense — for their final,
Corey J. Biazzo, Esq.
19 hours ago25 min read


Who Has the Power to Tariff? Congress After the 2026 Midterms
The short answer The Constitution gives the power to tax — including tariffs — to Congress, not the President. On February 20, 2026, the U.S. Supreme Court held 6–3 that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. But broad tariffs remain in place under other statutes Congress passed decades ago, and only Congress can decide how much of its taxing power it wants to keep delegating. The Congress Americans elect on
Corey J. Biazzo, Esq.
22 hours ago14 min read


Can Congress Investigate the Anti-Weaponization Fund?
The short answer In May 2026, the Justice Department announced a "settlement" of the President's personal lawsuit against the IRS that directed $1.776 billion from the U.S. Treasury into a new "Anti-Weaponization Fund" — money Congress never appropriated for that purpose. On July 13, 2026, a federal judge found the lawsuit was collusive, brought in bad faith and for an improper purpose, and that there was never a real case or controversy. The Fund was later rescinded, and the
Corey J. Biazzo, Esq.
2 days ago16 min read


Who Has the Power to Tariff? Congress After the 2026 Midterms
The short answer The Constitution gives the power to tax — including tariffs — to Congress, not the President. On February 20, 2026, the U.S. Supreme Court held 6–3 that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. But broad tariffs remain in place under other statutes Congress passed decades ago, and only Congress can decide how much of its taxing power it wants to keep delegating. The Congress Americans elect on
Corey J. Biazzo, Esq.
3 days ago14 min read


Can Congress Check Presidential War Powers After 2026?
Yes — the Congress Americans elect on November 3, 2026, will have real constitutional tools to reclaim its role over the use of military force, both at home and abroad. But it will also face a President who holds genuine Commander-in-Chief powers under Article II, a veto that takes two-thirds of each chamber to override, and courts that often decline to referee war-powers disputes. The new 120th Congress convenes on January 3, 2027. Whichever party controls it, its members wi
Corey J. Biazzo, Esq.
3 days ago14 min read


Can President Trump Interfere With the 2026 Midterm Elections? The 2020 Indictment, Presidential Immunity, and Constitutional Safeguards Explained
By Corey J. Biazzo, Esq. | Biazzo Law Government Oversight Program October 18, 2026 The President of the United States does not have unilateral authority to cancel, postpone, administer, or determine the results of congressional elections. Article I, Section 4 of the Constitution gives states primary responsibility for administering elections for the House of Representatives and Senate, subject to federal laws enacted by Congress. That is an important protection as Americans
Corey J. Biazzo, Esq.
4 days ago18 min read


What Does Article I of the Constitution Give Congress the Power to Do? A Nonpartisan Voter's Guide to Congressional Oversight, Checks and Balances, and the 2026 Midterm Elections
By Corey J. Biazzo, Esq. | Biazzo Law Government Oversight Program October 18, 2026 The United States Constitution gives Congress independent authority to make federal laws, control federal spending, investigate government conduct, regulate important national matters, and hold executive officials accountable. Congress does not need permission from the President to exercise its constitutional powers. These responsibilities matter in every election, but they are particularly im
Corey J. Biazzo, Esq.
5 days ago21 min read


Nine FBI Agents and Analysts Sue Over Firings After Trump Classified-Documents Investigation: First Amendment, Due Process, and Mar-a-Lago Evidence Explained
By Biazzo Law, PLLC | Government Oversight Program October 16, 2026 Nine former FBI employees who participated in the investigation of Donald Trump's retention of classified documents at Mar-a-Lago have filed a federal lawsuit alleging that their February 2026 terminations were unconstitutional and politically retaliatory. The lawsuit, Bacon, et al. v. Patel, et al., No. 1:26-cv-03604, was filed October 15, 2026, in the United States District Court for the District of Columbi
Corey J. Biazzo, Esq.
7 days ago21 min read


Federal Judge Blocks Taxpayer-Funded Trump Ads as Two Lawsuits Challenge Government Spending Before the 2026 Midterms
By Biazzo Law, PLLC | Government Oversight Program October 15, 2026 Can the federal government use taxpayer money to pay for advertisements promoting a President or administration shortly before an election? Federal agencies may lawfully communicate information about government programs and policies. But federal appropriations laws restrict how taxpayer funds may be spent, including expenditures for unauthorized publicity and partisan political purposes. Two federal lawsuits
Corey J. Biazzo, Esq.
Oct 1518 min read


Federal Court Finds White House Press Ban Likely Violates First and Fifth Amendments; Trump Administration Appeals
Updated October 15, 2026 A federal court has granted a preliminary injunction prohibiting enforcement of the September 18, 2026 decision to revoke White House press credentials held by employees of CNN, MS NOW, and POLITICO. The ruling goes beyond the court's earlier temporary restraining order: U.S. District Judge Timothy J. Kelly found that the plaintiffs are likely to succeed on their claims involving Fifth Amendment due process, First Amendment retaliation, and First Amen
Corey J. Biazzo, Esq.
Oct 1513 min read


Eleventh Circuit Denies Stay in Trump v. IRS Sanctions Appeal: What It Means for the Anti-Weaponization Fund Litigation
By Biazzo Law, PLLC Updated September 30, 2026 The United States Court of Appeals for the Eleventh Circuit has denied a motion to stay portions of the Southern District of Florida’s post-judgment sanctions order in President Donald J. Trump, et al. v. Internal Revenue Service, et al., No. 26-12692. The order does not end the appeal. It does not decide every issue on the merits. But it is an important appellate development in the continuing litigation over the disputed Trump v
Corey J. Biazzo, Esq.
Sep 3011 min read


Biazzo Law Files Supreme Court Amici Brief in Holloway v. Brown Second Amendment DUI Disarmament Case
By Biazzo Law, PLLC Updated September 28, 2026 Biazzo Law, through Corey J. Biazzo as counsel of record, has filed a Supreme Court brief of amici curiae with Huang Tiange in Jackson W. Holloway v. Nicholas W. Brown, Attorney General of Washington, No. 26-300. The case involves the Second Amendment, Washington firearm law, DUI-related misdemeanor convictions, conviction-based disarmament, and the continuing development of the Supreme Court’s text-history-tradition framework af
Corey J. Biazzo, Esq.
Sep 2811 min read


Supreme Court Allows Modified SAVE to Resume Before 2026 Midterms: What DHS v. League of Women Voters Means for Voter Verification
By Biazzo Law, PLLC Updated September 26, 2026 The United States Supreme Court has granted the Government’s stay application in Department of Homeland Security, et al. v. League of Women Voters, et al., No. 26A308. That means the district court’s June 22, 2026 order vacating the modified SAVE program is stayed while the appeal continues in the D.C. Circuit and, if later sought, while a timely petition for certiorari proceeds. In practical terms, the Supreme Court’s emergency
Corey J. Biazzo, Esq.
Sep 2612 min read


Federal Court Grants TRO in CNN, MS NOW, and POLITICO White House Press Ban Case: First Amendment, Due Process, and Government Oversight
By Biazzo Law, PLLC Updated September 24, 2026 A federal judge in the United States District Court for the District of Columbia has granted a temporary restraining order in Cable News Network, Inc., et al. v. Donald J. Trump, et al., Civil Action No. 26-3287 (TJK). The order requires White House officials, except President Trump himself, and those acting with them, to immediately return, reinstate, and restore the White House “hard pass” press credentials held by employees of
Corey J. Biazzo, Esq.
Sep 249 min read


CNN, MS NOW, and POLITICO Sue Over White House Press Ban: First Amendment, Press Access, and Government Oversight
By Biazzo Law, PLLC Updated September 23, 2026 CNN, MS NOW, POLITICO, and three White House reporters have filed a federal lawsuit in the United States District Court for the District of Columbia challenging an alleged ban from the White House grounds. The lawsuit is titled Cable News Network, Inc., et al. v. Donald J. Trump, et al., Case No. 1:26-cv-03287. The plaintiffs include CNN, MS NOW, POLITICO, and reporters Akayla Gardner, Cheyenne Haslett, and Betsy Klein. The defen
Corey J. Biazzo, Esq.
Sep 2310 min read


Biazzo Law Files Joint Supreme Court Amici Brief in Johnson v. Jacobson Second Amendment Carry Reciprocity Case with Huang Tiange
By Biazzo Law, PLLC Updated September 23, 2026 Biazzo Law, through Corey J. Biazzo as counsel of record, has filed a Supreme Court brief of amici curiae with Huang Tiange in Jeffrey M. Johnson, Sr. v. Bob Jacobson, Commissioner, Minnesota Department of Public Safety, No. 26-255. The case concerns the Second Amendment, interstate travel, public carry, and whether a State may make a nonresident’s ability to carry a firearm for lawful self-defense depend on whether that State re
Corey J. Biazzo, Esq.
Sep 2311 min read


Biazzo Law Files Supreme Court Amicus Brief in DHS v. League of Women Voters: Modified SAVE, Voter Verification, and the 2026 Midterm Elections
By Biazzo Law, PLLC Updated September 15, 2026 Biazzo Law has filed an amicus curiae brief in the United States Supreme Court in Department of Homeland Security, et al. v. League of Women Voters, et al., No. 26A308. The case involves the federal government’s modified Systematic Alien Verification for Entitlements program, commonly called SAVE, and whether DHS and the Social Security Administration may use Social Security data in a new voter-verification system before the Nove
Corey J. Biazzo, Esq.
Sep 1512 min read


Supreme Court Denies Stay in USPS Ballot Mail Case: What It Means for the 2026 Midterm Elections
By Biazzo Law, PLLC Updated September 15, 2026 The United States Supreme Court has denied the Government’s emergency stay application in United States Postal Service, et al. v. California, et al. / Donald J. Trump, et al. v. League of Women Voters of Massachusetts, et al., No. 26A305. That means the district court’s preliminary injunction remains in place for now. As a practical matter, USPS will not be able to enforce its new Ballot Mail for Federal Elections rule before the
Corey J. Biazzo, Esq.
Sep 1510 min read


Biazzo Law Seeks Leave to File Amicus Brief in Miami Trump Presidential Library Emoluments Case
By Biazzo Law, PLLC Updated September 14, 2026 Biazzo Law has filed a motion for leave to file an amicus curiae brief in Sistrunk Seeds Inc. d/b/a Dunn’s Overtown Farm, et al. v. Donald J. Trump, et al., Case No. 1:26-cv-23365-RAR, pending in the United States District Court for the Southern District of Florida in Miami. Read the Motion and Brief Here: The case concerns the proposed Trump presidential library project in Downtown Miami, the alleged transfer of valuable public
Corey J. Biazzo, Esq.
Sep 149 min read


Biazzo Law Files New Supreme Court Amicus Brief in USPS Ballot Mail Case After DOJ Refiles Emergency Stay Application
By Biazzo Law, PLLC Updated September 9, 2026 Biazzo Law has filed a new amicus curiae brief in the United States Supreme Court in United States Postal Service, et al. v. California, et al. / Donald J. Trump, et al. v. League of Women Voters of Massachusetts, et al., No. 26A305. This is the latest emergency-docket stage of the litigation involving Executive Order 14,399, the Postal Service’s Ballot Mail for Federal Elections final rule, and mail-in and absentee ballot procedu
Corey J. Biazzo, Esq.
Sep 910 min read
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