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The Trump FCC’s Coercion Cartel
The Trump FCC is not protecting free speech—it’s undermining it. -
The Constitutional Case Against Trump’s Trade War
A new lawsuit challenges Trump’s tariffs as a blatantly illegal usurpation of legislative power. -
Trump vs. Krebs and the Sound of Silence
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare. -
Lawfare Daily: Trump's Attack on Law Firms
Why does the Trump administration’s attacks pose such a threat to the rule of law? -
The Programmable State: The e-CNY and China’s Quest for Smarter Surveillance
China’s digital yuan could set a global precedent for programmable money—and for state-controlled financial surveillance. -
The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained. -
The Shapiro Attack and the Growing Risk of Partisan Extremism
The arson attack on the governor’s residence is the latest in a growing wave of violence directed at politicians and other government figures. -
Overcoming the Tucker Act After Department of Education v. California
Even after the Supreme Court’s shadow-docket decision, there remain ways to assert award-termination challenges in district court. -
Lawfare Daily: Roger Parloff and Anna Bower Talk Abrego Garcia
Listen to the April 15 Lawfare live discussion. -
The Situation: Vindicating the Semblance of Due Process
A meditation on Judge Boasberg’s contempt ruling in increasingly run-on sentences. -
Lawfare Live: Trials of the Trump Administration, April 18
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
A Trump Administration Plan to Crowdsource Deregulation?
A new form on the Federal Register and newfound constitutional power would make it easy to deregulate. -
At the Mercy of Presidential Self-Restraint
Trump’s spree of firings exposes a dilemma for Congress: a reliance on presidents to respect the independence of executive branch officials. -
Data Brokerage and the Third-Country National Security Problem
Restricting direct data broker sales to China is a start—but privacy and security controls on personal data must go much broader. -
Lawfare Daily: Mexican Cartels and American Guns
Discussing oral arguments in Mexico v. Smith & Wesson. -
Will Netanyahu Succeed in Dismissing the Head of the Shin Bet?
The Israeli government’s controversial vote to remove Ronen Bar faces legal hurdles, with the potential to set off a constitutional crisis. -
Habeas and the Alien Enemies Act: Challenges and Opportunities
The Supreme Court’s procedural ruling in Trump v. J.G.G. could have real costs for those swept up by the AEA and for the separation of powers. -
Abrego Garcia and MS-13: What Do We Know?
The allegation seems to stem from double hearsay in a document authored by a later suspended police detective. -
Lawfare Daily: Daniel Kokotajlo and Eli Lifland on Their AI 2027 Report
What could the evolution of AI look like? -
The Situation: Court Orders, Kidnapping, and Smuggling
Trump and Bukele play three-card monte with a detainee.
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The Lingering Uncertainty in Judge Breyer’s Newsom v. Trump Ruling
Judge Breyer’s opinion uncovers important facts about the ongoing military deployment to California but leaves critical legal questions unanswered. -
The Situation: Deferring to Lies
When is a predatory incursion an eggplant? -
Lawfare Live: Trials of the Trump Administration, Sept. 5
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump.
