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The USS Gravely, a US Navy warship, departs the Port of Port of Spain on October 30, 2025.

America’s War on Drug Smugglers at Sea Is Unlawful—and It Is Failing

U.S. strikes against suspected drug-trafficking vessels mark an unlawful expansion of military force into what has long been—and should remain—a law enforcement mission.
View of the judge's bench from the audience inside a federal courtroom in Federal District Court in Manhattan on June 6, 2025 in New York City.

What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action

The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
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.
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