executive branch
138 Articles

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.

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.

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.

The Just Security Podcast: Murder on the High Seas? What You Need to Know about the U.S. Strike on the Caribbean Vessel
Rebecca Ingber and Brian Finucane join Tess Bridgeman to unpack what you need to know about the U.S. strike on a purported drug trafficking vessel in the Caribbean.

Using Labels, Not Law, to Justify Lethal Force: Inside the Venezuelan Boat Strike
Applying a new label to an old problem does not transform the problem. Nor does it grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

Legal Issues Raised by a Lethal U.S. Military Attack in the Caribbean
The Trump administration’s extraordinary lethal attack on a purported drug smuggling vessel – and its vow that it is the start of a campaign – raise significant legal issues.

The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705
For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.