Can you really “win” a lawsuit if the court never rules on your case? In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down two recent developments that make it even harder to hold the government accountable in court.

First, they tackle the Supreme Court’s decision in Lackey v. Stinnie, which denied attorney’s fees to plaintiffs who clearly forced a change in state policy—simply because the government mooted the case before final judgment. Then, they unpack President Trump’s new executive order instructing agencies to demand financial bonds from plaintiffs seeking injunctions—adding serious risk to suing the federal government, even in civil liberties cases.