Constitution

The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases

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Feb 6th, 2025

What Happens After the Most Powerful Media Institutions Keep Surrendering to Trump

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Feb 4th, 2025

Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data

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Jan 28th, 2025

National Security Resilience and Reform: Trump 2.0 and Beyond

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Jan 8th, 2025

Congress Must Heed Koh’s Call to Surface Secret Law

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Jan 7th, 2025

Birthright Citizenship and Undocumented Immigrants

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Nov 25th, 2024

Withdrawal from International Agreements: Toward a “Tailored Out”

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Nov 1st, 2024

Don’t Let Military and Overseas Voters Become the Next Targets for Voter Suppression

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Oct 25th, 2024

European Court Intervention by Bosnia’s International High Representative Risks Limiting the Country’s Potential

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Oct 16th, 2024

America’s Overlooked National Security Threat

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Sep 11th, 2024

‘Good Moral Character?’ Holding Trump to the Same Standards as the Immigrants He Vilifies

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Aug 28th, 2024

What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios

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May 10th, 2024

Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder

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Apr 30th, 2024

Amid Courts’ Role in US Democracy Struggle, Look to Lessons from Abroad

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Feb 29th, 2024

What Should Courts do if a Future President Invokes the Alien Enemies Act to Deport Immigrants?

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Feb 27th, 2024

Why and How the Senate Should Swiftly Dismiss the Impeachment Charges Against Mayorkas

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Feb 14th, 2024

The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion

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Feb 1st, 2024

Immigration Is Not an “Invasion” under the Constitution

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Jan 29th, 2024

Leonard Leo and Harlan Crow Would Be Wise to Comply with Their Senate Subpoenas

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Nov 30th, 2023

Analysis of the Lawfulness of Kenneth Chesebro’s Elector Plan Under Federal Election Law

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Oct 9th, 2023

National Security Law and the Originalist Myth

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Oct 4th, 2023

The Government’s Section 702 Playbook Doesn’t Work Anymore

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Aug 30th, 2023

The Character to Lead: Republicans’ Fork in the Road Between Trump and the Constitution’s Eligibility Requirements for President

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Aug 22nd, 2023

John Roberts Takes Control on Voting Rights

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Aug 11th, 2023

A Close and Critical Look at the ‘Five Things’ the ACLU Says You Need to Know About ‘NSA Mass Surveillance’

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Jul 26th, 2023

DeSantis Campaign’s Border Proposal Raises Separation of Powers Concerns

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Jul 18th, 2023

Recovering a Role for the Courts in Decisions to Wage War: How Congress Can Overcome the Political Question Doctrine (Some of the Time)

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Jun 12th, 2023

The Road to Fairer Congressional Districts Might Start with the States

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Jun 7th, 2023

How Lawmakers Hope to Sidestep Existing National Security Reviews to Target Foreign Investment

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Apr 3rd, 2023

Congress Should Limit, Not Expand, Irregular Warfare Authority

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Mar 30th, 2023

TikTok and the First Amendment

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Mar 24th, 2023

Do State Laws Block Insurrectionists from Office?

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Jan 26th, 2023