Separation of powers

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US Marines' Lockheed Martin F35-B jets approach in formation

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.
US Capitol building at sunset with moon

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.
The frame of the photo is filled with a tightly packed crowd of judges in black robes and purple, blue, or fuscia neck ruffles, alongside members of the public. Polish, EU and other flags can be seen above them in the background, apparently carried by marchers.

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.
The US Navy warship USS Sampson (DDG 102) docks at the Amador International Cruise Terminal in Panama City

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.
A view of the front portico of the United States Supreme Court building in Washington, DC

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.
A scale in front of shipping containers

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 US Navy warship USS Sampson (DDG 102) docks at the Amador International Cruise Terminal in Panama City

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.
People listen to Everett Kelley, President of the American Federation of Government Employees (AFGE) Union, during a "Save the Civil Service" rally

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.
The U.S. Capitol in Washington, D.C.

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
U.S. Senate Minority Leader Chuck Schumer (D-NY), accompanied by Sen. Raphael Warnock (D-GA) (L) and Sen. Ron Wyden (D-OR) (2nd-L)

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.
Tank and soldiers shown on Mexico border

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.
A man comes out of the Voice of America (VOA) building on March 17, 2025

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.
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