Constitution
706 Articles
Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia
Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
[With relatively minor oral argument updates; Nov. 8] In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…
The Constitutional Challenge to Robert Mueller’s Appointment (Part III): What Would be “Good Cause” to Remove Mueller?
[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?
[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…
The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction
[Minor Update after Oral Argument below–November 8] Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson,…
How Trump’s Pressure on Google Threatens Government Manipulation of Search Results
Tech behemoths just can’t catch a break these days. Just as they are struggling to meet calls to contain the spread of misinformation and hate speech online, they are being bashed…
Exclusive: U.N. Human Rights Experts Meet With Facebook on “Overly Broad” Definitions of Terrorist Content
In a letter to Facebook CEO Mark Zuckerberg, U.N. Special Rapporteur Fionnuala Ní Aoláin says networks guidelines on removing content and users need more precision and rigor…
What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment
On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of…
Why I Signed the Former CIA Officials’ Letter on Clearances: In Defense of Rule of Law
"The President of the United States has been soundly rebuked by a bipartisan consensus of the national security establishment. The spark was John Brennan, but the flame spread.…
A Potential Recourse for Targets of White House Security Clearance Threats
The White House has recently stated that it is considering revoking the security clearances of several former high ranking public officials. In a July 23 press conference, White…
If Trump Revoked Critics’ Security Clearances, Could They Sue?
There’s a strong argument to be made that at least some constitutional challenges to the revocation of security clearances would be judicially reviewable.