Removal Protections

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The first order of the Alien Terrorist Removal Court, issued by its Chief Judge Joan Ericksen, on July 16, 2026.

The Alien Terrorist Removal Court’s First Case

Unpacking the Alien Terrorist Removal Court, what we know about its first case, and what to watch for going forward.
The sun sets behind the U.S. Capitol Building on July 8, 2026 in Washington, DC.

Justice Gorsuch’s Slaughter Opinion is a Direct Threat to Congress

In light of recent Supreme Court rulings, Congress should act now to assert the full extent of its authority over the federal bureaucracy.

How Congress Can Regulate Military Promotions After Trump v. Slaughter

To restore transparency and accountability, Congress should reform the statutory authorities to remove officers from promotion lists and delay promotions.
Donald Trump sits with Thomas Homan, who is speaking.

The Public Framing of Mass Deportation

The Trump administration will be pressured to rely on deceptive representations of what exactly its deportation programs entail.
Supreme Court Building

Folly at the Supreme Court: Choosing Between Competing Originalist Claims

Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
Trump

Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?

Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…

The Constitutional Challenge to Robert Mueller’s Appointment (Part III):  What Would be “Good Cause” to Remove Mueller?

[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
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