Executive Power
83 Articles

The “Unwilling or Unable” Test for Sending U.S. Military to American Streets
"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."

Relocating Nationwide Injunctions
Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.

What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A
It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.

The Just Security Podcast: Keeping Track of the Big Picture–Challenges to Press Freedom and Beyond
A discussion with Rebecca Hamilton about the use of State power and how to identify linkages between individual developments and broader trends in press freedom and beyond.

No, the President Cannot Issue Bills of Attainder
Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.

Why the REINS Act’s Approach to Regulatory Reform Is So Problematic
The REINS Act would hamper agencies’ ability to carry out their statutory duties and protect the public.

Upending the International Order: Why Undermining the UN Charter and US Defense Commitments is Self-Defeating
The President should understand that bellicose threats and unreliability as an ally may leave the United States poorer and more vulnerable on his watch and will frustrate his nuclear…

The Just Security Podcast: The Department of Justice Then and Now (NYU Law Forum)
Former White House and DOJ officials assess how he division between the President and the Justice Department has changed.

The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security
A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.

The President’s Declassification Power is a Double-Edged Sword
Presidents willing to disregard established declassification norms and safeguards expose a dangerous vulnerability in the governing structure.

The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds
The Impoundment Control Act may prohibit agencies from freezing or terminating funding based on changing policy priorities.

The Just Security Podcast: What Just Happened Series, Understanding Federal Employee Rights
Labor and employment expert Suzanne Summerlin discusses the protections available to federal employees if their rights are violated.