Rule of Law

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A law enforcement officer in riot gear and a gas mask stands in the foreground, seen through a chained fence. Behind the fence, protesters hold signs reading "ICE OUT NOW," "RESTORE CONSTITUTIONAL LAW," and "ICE KILLS."

Collateral Accountability: The Oldest Check on Federal Lawlessness

As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.
Syrians gather as they celebrate in front of the Palace of Justice after the court proceedings, in Damascus on August 11, 2026

A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability

Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.
A woman fills out paperwork at a driver's license office counter, with a 'Fill Out Application' sign in the foreground and other visitors standing at counters in the background.

States Can Fight Federal Overreach by Protecting State Data

States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.

Sword of the People: The Power of Grand Juries to Investigate Administration Corruption

The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.

When the President Does It …

Lessons from Nixon's forgotten essay in defense of his infamous remark.
A man's hand holds up the cover page of lawsuit naming Gavin Newsom as plaintiff and Donald Trump as defendant, with the bear emblem from the California state flag visible in the background.

Commandeering, Coercion, and Executive Power

States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
A low-angle view of the U.S. Capitol dome against a clear blue sky, with an American flag flying in the foreground.

Introduction to “Fight Back: How States Can Counter Authoritarianism” Series

State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.
The U.S. Department Of Homeland Security logo is displayed on a sign at a Citizenship and Immigration Services office​.

No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine

Numerous federal agencies possess statutory authority to obtain a wide range of sensitive information without advance judicial approval or probable cause of illegal activity.
A close-up of U.S. Attorney General Todd Blanche standing at a podium and holding a microphone at a press conference on August 12, 2026.

Four Things State and Local Prosecutors Can Do to Combat Federal Corruption

State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.
A blue architectural blueprint-style graphic with white grid lines and hand-lettered labels arranged like room names on a floor plan, symbolizing the architecture of institutional reinvention.

Reinvention Blueprint No. 2: Democracy Works When Government Works

America’s civil service, built for a bygone era, urgently needs bold, comprehensive reform to build a government capable of delivering for the 21st century.
A tall man in silhouette, dressed in a dark long, straight jacket and flared trousers, stands in a street, his back to the camera, raising his right hand with pointed finger, while in the background people hold red and white Georgian flags and the smoke of flares obscures part of the scene.

The U.S. and the EU Must Wake Up to Threats in Georgia

Georgian Dream is crushing Georgia's civil society, courts, and opposition to entrench one-party rule and Russian influence; only targeted U.S. and EU sanctions can stop it.
U.S. President Donald Trump addresses the nation from the East Room of the White House on July 16, 2026 in Washington, DC.

No, Trump Can’t Withhold Anti-Terrorism Funds to Pressure States to Change Their Election Rules

The attempt to condition states' counterterrorism funding on changes to election rules is unlawful and likely to be challenged in court.
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