Appeals judges’ acceptance of the government’s positions has been 100-percent correlated with the political party of the judge’s appointer.

Privacy debates are often absolutist; smarter policy would force advocates and critics to confront the trade-offs.

A review of John Mearsheimer and Sebastian Rosato, “How States Think: The Rationality of Foreign Policy” (Yale University Press, 2023).

Despite the widespread citation of the Cuban missile crisis as the archetype of a president utilizing Article II authority to meet a danger unilaterally, Kennedy’s actions in the 1962 crisis were formall...

One way or another, the former president’s motion to dismiss will make important new law on a major question of presidential power.

Just about any conceivable use of force in the Middle East can be justified under an Article II self-defense theory. Which means that a lot rests on the president’s, and his subordinates’, prudence. 

Their performance in response to last week’s Gaza hospital explosion was far worse than that of the New York Times.

Sen. Tuberville’s hold on general officer nominees is another example of a system struggling with basic functions.