Separation of powers
55 Articles

Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
The administration's legal argument is both "incorrect and dangerous," writes Finucane.

Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday
Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.

Attacks on U.S. Legal Profession Reflect Global Slide in Countries It Once Aided
Political pressures like those used to silence legal professionals and undermine rule of law in Europe and Eurasia echo patterns of the autocratic playbook.

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.

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.

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.

Too Big to Be Lawful: A Federal Court Halts Mass Layoffs Across the Civil Service
A recent court decision has made clear that reorganizing the federal government can't proceed through backdoor executive planning.

A Terrible Idea
On the reconciliation bill’s provision that would restrict federal courts’ authority to hold government officials in contempt for violating court orders

In Congress, a Welcome, But Flawed, Step to Stop Trump’s Transfers to Torture
The El Salvador 502B resolution risks falsely drawing distinctions about the applicability of human rights based on immigration status.

The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.

Justice Department Fails to Address Central Point in VOA Case
A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.