executive branch
118 Articles

The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military
Military personnel are increasingly alert to the prospect that they may be asked to prioritize loyalty to an individual over their legal rights and responsibilities.

The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.

Legal Flaws in the Trump Administration’s Notice to Congress on “Armed Conflict” with Drug Cartels
The Trump administration’s “armed conflict” justification, however, is groundless.

Collection: U.S. Lethal Strikes on Suspected Drug Traffickers
Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.

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.

Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.

US Servicemembers’ Exposure to Criminal Liability for Lethal Strikes on Narcoterrorists
Analysis by former career judge advocate officer and former court-martial prosecutor.

Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.

Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.

Murder by Drone: The Legal and Moral Stakes of the Caribbean Strikes
If allowed to go unchecked, the Caribbean strikes could encourage additional unlawful executions by the United States and other leaders.

Asserting a License to Kill: Why the Caribbean Strike is a Dangerous Departure from the “War on Terror”
An absence of credible legal basis for the Caribbean strike suggests the Trump admin is asserting a prerogative to kill outside the law.

The Many Ways in Which the September 2 Caribbean Strike was Unlawful … and the Grave Line the Military Has Crossed
A deep dive into US domestic authority and law most relevant to the US strike on alleged Venezuelan drug boat.