statutory authority

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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.
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.
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.
Multiple rows of razor wire fencing surround the California City Immigration Processing Center, with a guard tower flying the American, California state, and CoreCivic flags in the background. Three people walk within the fenced perimeter near tan detention buildings, with hazy desert hills visible in the distance.

Free Speech, Immigration Law, and Truth Telling at UCLA Law’s Recent Federalist Society Event

An immigration expert considers questions that might have been asked at DHS General Counsel Percival's UCLA Law Federalist Society event.
A U.S. ​flag flies on the side of the U.S. Department of Justice headquarters building on September 15, 2024, in Washington, DC.

The Presidential Records Act is Constitutional

Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.
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.
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