Trump v. United States

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U.S. President Donald Trump speaks on stage on the second day of the 2026 Republican National Convention at the American Airlines Center on September 10, 2026 in Dallas, Texas.

Auctioning Democracy: Trump’s Promise of a $5,000 “Dividend”

Trump's pledge to pay $5,000 to every adult U.S. citizen if Republicans retain control of Congress could violate federal criminal law.
An official ballot drop box in front of the Washington Park Library.

Boots Off Ballots: The Law

Federal law and the Constitution are abundantly clear: efforts to involve troops in U.S. elections are anti-constitutional and illegal.
U.S. Defense Secretary Pete Hegseth stands at a podium​, delivering a speech to ​uniformed service members​.

Cuba Libre: One Man’s Morality or Our Law?

We former JAGs must find new ways to examine, protest, and talk to our fellow Americans about this administration’s flagrant and accelerating misuse of the armed forces.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?

Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.
A collage of Senate Judiciary Committee Chairman Dick Durbin (L) and Ranking Member Lindsey Graham (R) speaking during a hearing on on the recent Supreme court decision in Trump v. United States on September 25, 2024.

A Confusing Rule for the Ages: A Review of the Senate Judiciary Committee Hearing on Presidential Immunity

The Senate Judiciary Committee's presidential immunity hearing showed fault lines in reactions to the Trump v. United States decision.
The U.S. Capitol in Washington, D.C.

Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt

With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…

A Prudential Way Forward in Trump v. United States

"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity

Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
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