Congress
765 Articles

The State Department’s Civilian Harm Incident Response Guidance: How to Make a Good Thing Better
The State Department's Civilian Harm Incident Response Guidance process is a good start but changes can improve function and transparency.

Sweeping ICC Sanctions Bill Would Harm Victims, U.S. Interests
After months of warnings, the International Criminal Court (ICC) prosecutor announced on May 20 that he was seeking arrest warrants against top Israeli officials and Hamas commanders…

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

How ‘Economic Security’ is Re-shaping Presidential Power
Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.

The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.
The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.

The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.

Children’s Personal Photos Are Powering AI Exploitation
Children deserve privacy. They deserve to safely learn, grow, and play online, without fear that their identities might be stolen and weaponized against them.

Is Secret Law the Solution to an Overbroad Surveillance Authority?
Congress can legislate both responsibly and openly, as long as the administration declassifies certain information that is already in the public domain.

Transparency of International Agreements Under the Revised Case-Zablocki Act: An Assessment After Six Months
Despite the substantial improvements in the transparency regime for executive agreements and non-binding instruments, additional changes should be considered.

Israel and the Leahy Law
"For seven and a half years, I served as director of the State Department office that leads Leahy vetting of foreign security units. ... U.S. State Department spokespersons assert…

The Nuts and Bolts of Enforcing AI Guardrails
More work is needed to ensure U.S. federal agencies have the resources to implement essential AI safeguards.

The ICC Arrest Warrants: Even a Strong U.S. Reaction Should Not Include Sanctions
Ambassador Todd Buchwald draws lessons from past U.S. sanctions against the International Criminal Court as a guide for U.S. policymakers in responding to arrest warrants for Israeli…