constitutional law
86 Articles
The “Presumption of Regularity” in Trump Administration Litigation (4th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
The Deeper Problem with ICE’s Arrest Warrants
DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.
ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel
DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.
The Spirit of Liberty—Horace E. Read Memorial Lecture
Finding the spirit of liberty in the United States requires looking beyond the leadership of elite institutions. Among ordinary citizens, there’s no scarcity of civic courage.
No Indispensable Man: The Democratic Foundation of the 22nd Amendment
To violate the 22nd Amendment would be to discard the wisdom of those who sought to preserve U.S. democracy against the last rising tide of authoritarianism.
The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.
The (Flimsy) Legal Arguments Used to Justify Art Censorship
Liability fears are increasingly weaponized to justify removal of socially engaged art. Treating display as endorsement is legally wrong and culturally corrosive censorship.
Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.
Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
The U.S. Attack on Iran Was Unconstitutional
Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.
AI Governance Needs Federalism, Not a Federally Imposed Moratorium
Congress should reject the proposed “AI preemption moratorium.” It is bad policy and is likely unconstitutional under the Tenth Amendment.
The Just Security Podcast: Discussion of Stephen Miller Remarks on Suspension of Habeas Corpus & Path Ahead
An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.