Donald Trump
603 Articles

Through the Looking Glass, Darkly: The Supreme Court’s Muslim Travel Ban Decision
Although the Muslim travel ban has now been consigned to the dustbin of history, it is worth reflecting how the Supreme Court’s decision already looks in retrospect.

Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice
Former FBI General Counsel and top prosecutor in Special Counsel's Office explains how the pardons for Bannon, Manafort, Stone left the door open for Justice Department to now…

Incitement to Violence Ain’t Free Speech
The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…

Ousted Autocratic Presidents and Their Backers in the Legislative Branch
Machinations of hardliners from Sri Lanka to Hungary, Colombia and more signal the trouble Trump and his supporters could make for the Biden administration.

A New Assault on a Democratic Citadel in Turkey, Too
A week before the Jan. 6 US Capitol attack, Turkey's president waged another kind of assault on one of his country’s last bastions of democratic thought.

The Constitutional Case for Impeaching Donald Trump (Again)
We are, it seems, hurtling toward impeaching Donald J. Trump for a second time in thirteen months. It is entirely right that he should be impeached again, but in the whirl of the…

Purpose, Not Specificity, Limits the Pardon Power: A Rejoinder to Rappaport
'Tis the season for pardons. But must a pardon spell out the crimes to which it applies? The latest in an ongoing conversation between Prof's Bowman and Rappaport on the legality…

A Post-Election Trump Firing Makes the Case for an Independent, Regulatory CISA
Incoming President Biden and Congress should seize the moment of the agency’s high profile to strengthen its role in protecting critical US infrastructure.

Trump’s Veto Threat Over Confederate-Named Bases Erodes U.S. Security and American Values
Given the historical significance of this moment and the alternatives for commemorating real, heroism, Congress has a moral and practical obligation to act.

Loyalty Above All: The “Shallow State” of the Trump Administration
A compilation of executive branch positions deprived of competence and expertise, and filled instead with political loyalists.

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…

The President and Immigration Law: The Danger and Promise of Presidential Power
In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…