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The Just Security Podcast: Social Media, Government Jawboning, and the First Amendment at the Supreme Court

Murthy v. Missouri poses several questions that defy easy answer, driving at the heart of how we wish to regulate the modern public square.
Brazilian Justice and Public Security Minister Flavio Dino holds a replica of the 1988 Brazilian Constitution that was stolen from the Supreme Court after supporters of Brazil's far-right ex-president Jair Bolsonaro raided federal buildings, at the Ministry of Justice in Brasilia on January 13, 2023. Dino said he will deliver the replica to the President of the Supreme Court, Rosa Weber. (Photo by SERGIO LIMA/AFP via Getty Images)

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

Countries that maintained their democracies have had courts that rose to the occasion to safeguard a country’s constitution or rule of law.
Two uniformed people cut through razor wire.

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

Texas Governor Greg Abbott's invocation of "invasion" is based in the white supremacist "great replacement" conspiracy theory.
White trucks drive along a dusty road in Mexico.

Immigration Is Not an “Invasion” under the Constitution

The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.
The front of the White House is seen through a fence.

Congress Can Curb Abuse of the Presidential Pardon Power

Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.
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Two Supreme Court Cases Could Shape the Future of AI and Content Moderation

The Supreme Court’s decision in the social media cases will shape the kinds of arguments that labs can make against AI regulations.
The Speaker of the House stands next to a presentation appearing to show a check written to Joe Biden.

The Biden Impeachment Inquiry: A Heedless Descent into Constitutional Anarchy

House Republicans are embracing a world where every presidency and every congress is consumed by impeachment.
The U.S. Supreme Court Court in Washington, D.C., U.S.

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)

Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
The title of the episode with sound waves behind it.

The Just Security Podcast: A Fourth Amendment Privacy Paradox

The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…
The U.S. Supreme Court Court in Washington, D.C., U.S.

Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)

Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Racial Justice Without Affirmative Action: Embracing International Law after SFFA v. Harvard

The Biden administration should finally acknowledge that progress on racial equity is legally – not just morally – required, and then it should creatively leverage its power…
Chief Justice Roberts and Justice Kagan sit in a crowd and watch the State of the Union address. They are both wearing black robes.

John Roberts Takes Control on Voting Rights

Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…
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