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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 wooden judge's gavel rests on a copy of the U.S. Constitution, with the opening words 'We the People' visible, set against a folded American flag.

“Fight Back: How States Can Counter Authoritarianism” Series

A series exploring the powers and authorities state and local governments have to check federal overreach and protect democratic norms and individual rights.
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.
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.
People attend a Trans Day of Visibility rally in Washington, DC, on March 31, 2025.

The Collateral Damage of Anti-Trans Policymaking

From healthcare bans to funding cuts, the consequences of hate-driven policymaking opposing transgender rights ripple broadly across communities.
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections

The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.
Demonstrators hold a protest in Houston, Texas, against a bill that would forbid Chinese nationals from buying properties in Texas, on February 11, 2023.

Alien-ating Asians in 21st-Century Land Laws

“Alien land laws” frame Asian land ownership as a national security threat despite minimal evidence, echoing the United States’ historical exclusionary policies.
People walk past the United Nations (UN) headquarters in Manhattan

Washington’s Multilateral Retreat Creates an Opening for State and Local Leaders

U.S. state and local leaders can fill voids left as the Trump administration cuts and even exits multilateral organizations.
Chief Justice Roberts and Justice Kagan sit in a crowd and watch the State of the Union address. They are both wearing black robes.

John Roberts Takes Control on Voting Rights

Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…
A red, white, and blue button that reads "Vote" is shown with an American flag behind it.

The Road to Fairer Congressional Districts Might Start with the States

The route to less racially or politically gerrymandered congressional districts could pass through remapping state legislative districts.
People in suits stand behind an outdoor podium with signs reading "Stop CCP Influence" and "Army National Guard." Military vehicles and city skyline in background.

With New “Alien Land Laws” Asian Immigrants Are Once Again Targeted by Real Estate Bans

"These laws on their face may make superficial efforts to distinguish between persons of Chinese ancestry and the CCP, but they also equate all Chinese denizens with foreign agents,…
Immigrants seeking asylum in the U.S., who are stuck in a makeshift camp between border walls between the U.S. and Mexico, sit as a Customs and Border Protection officer keeps watch while other migrants are lined up to be transported.

As Title 42 Comes to an End, So Should Military Operations at the US-Mexico Border

"The militarization of the southern border not only stigmatizes migrants and asylum seekers but also undermines core legal principles designed to protect democracy and individual…
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