Fourth Amendment Law by Analogy
A review of Orin Kerr, “The Digital Fourth Amendment: Privacy and Policing in Our Online World,”(Oxford University Press, 2025).
The New War in Afghanistan
Successful War Leaves Iran With One Option, Cyber
Article I and the Major Questions Doctrine After Learning Resources
How the Court’s fractured tariff decision may reshape delegated executive authority well beyond trade—and why the future of the major questions doctrine remains far from settled.
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Highlights
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The Week That Was
Your weekly summary of everything on the site. -
Fourth Amendment Law by Analogy
A review of Orin Kerr, “The Digital Fourth Amendment: Privacy and Policing in Our Online World,”(Oxford University Press, 2025). -
The New War in Afghanistan
The conflict between Pakistan and the Taliban might escalate. It might also be the new normal. -
Successful War Leaves Iran With One Option, Cyber
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
Article I and the Major Questions Doctrine After Learning Resources
How the Court’s fractured tariff decision may reshape delegated executive authority well beyond trade—and why the future of the major questions doctrine remains far from settled. -
The Right Remedy in the Anthropic Case
The government can stop buying from Anthropic anytime it wants. It just can't bypass the procurement system Congress built to do it. -
The Hegseth Doctrine? Military-Academic De-coupling Competition
Pentagon cuts to military education at elite universities risk weakening U.S. technological innovation, officer development, and strategic competition with China. -
The GSA’s Draft AI Clause Is Governance by Sledgehammer
The General Services Administration’s draft AI clause gets the governance problem right—then blows right past it. -
Two Illegal Biolabs Reveal Gaps in U.S. Biosecurity
The discovery of CCP-linked biolabs on American soil exposes major biosecurity gaps. Policymakers must act to improve oversight of biological research activity. -
AEA Litigation: Enforcing Congress’s Limits on Delegated Power
History shows the Trump administration is misinterpreting the Alien Enemies Act. The administration says courts shouldn't intervene. -
The Situation: Meanwhile
Some things happened. -
Iran Will Retaliate in the U.S. We May Not See It in Time.
Historically, the U.S. has managed to thwart Iranian operations on its soil. Now, this administration may have us unprepared. -
Canadian Courts Are Holding the Line on National Emergency Powers
As the Americas drift toward rule by fiat, Canadian courts are enforcing strict limits on emergency powers. -
Spyware-Based Searches for Domestic Criminal Law Enforcement
NSO Group’s and Paragon’s targeting of American markets warrant evaluation of spyware’s potential implications for domestic criminal justice. -
Slavery and Birthright Citizenship
The administration’s position in the birthright citizenship case contradicts the central purpose of the 14th Amendment’s Citizenship Clause.
Featured Podcast
Live Coverage
For real-time updates of Lawfare’s coverage of the Trump administration’s legal challenges, follow on Bluesky or below:
What's Old Is New Again
With every new administration comes new promises and new actions on national security. But what’s “new” has often been proposed or even tried before—which means there’s a good chance Lawfare has already analyzed some of the legal and policy implications they present. So we’re making that past content readily accessible as it becomes newly relevant.
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What Congress Has Done—and What It Still Needs to Do—to Protect NATO
Congress has barred the president from exiting NATO unilaterally. But someone still needs to enforce it. -
Using Force Against Mexican Drug Cartels: Domestic and International Law Issues
Executive branch lawyers could argue that using force against cartels would be consistent with past presidential uses of force, but it would be very difficult to defend under international law. -
My Lloyd Cutler Rule of Law Lecture: "Law and the Use of Force: Challenges for the Next President"
Read John Bellinger's Lloyd Cutler Lecture on Rule of Law at the Supreme Court.
Documents
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ODNI Releases 2026 Threat Assessment
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U.S. Submits Article 51 Letter on ‘Operation Epic Fury’ to UNSC
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Anthropic Challenges the Pentagon’s Supply Chain Risk Determination
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Anthropic Sues Defense Department Over Supply Chain Risk Designation
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White House Submits Iran War Powers Report to Congress
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Supreme Court Rules Against Trump’s Emergency Power Tariffs
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Fulton Co. Election Office Search Warrant Affidavits Made Public
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Trump Administration Releases 2026 National Defense Strategy
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Lawfare Daily: Can the President Declare an Elections Emergency?
Discussing the drafted executive order which purports to give President Trump power over elections in a national emergency. -
Lawfare Daily: Iran Will Retaliate in the U.S., and We May Not See It in Time
How may Iran respond to Operation Epic Fury? -
Lawfare Daily: National Security, Counterintelligence, and Counterespionage: A Guide for the Perplexed
Former FBI Agent Derek Pieper explains counterintelligence and counterespionage investigations.
Other Lawfare Podcasts 
Other Podcasts 
Videos & Webinars
Lawfare Live: The Trials of the Trump Administration, March 20
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Lawfare is a non-profit multimedia publication dedicated to “Hard National Security Choices.” We provide non-partisan, timely analysis of thorny legal and policy issues through our written, audio, and other content—all of which you can find here.


