Courts & Litigation Cybersecurity & Tech Democracy & Elections

Rational Security: The “Gluten-Free Clam Pizza is the Best Pizza” Edition

Kevin Frazier, Hyemin Han, Quinta Jurecic, Alan Z. Rozenshtein
Friday, July 5, 2024, 10:04 AM
This week, a Scott-less Alan and Quinta sat down with Lawfare Tarbell Fellow Kevin Frazier and law school-bound Associate Editor Hyemin Han.

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This week, a Scott-less Alan and Quinta sat down with Lawfare Tarbell Fellow Kevin Frazier and law school-bound Associate Editor Hyemin Han to talk over the week’s big national security news, including:

  • “I will not make age an issue of this campaign. I am not going to exploit, for political purposes, my opponent's youth and inexperience.” Unlike Ronald Reagan, Joe Biden’s underwhelming performance at the first (and perhaps only) presidential debate has put his party in a panic about his chances to win the presidential election. Was Biden’s performance as bad as the pundits and betting markets seem to think and, if so, what should he do about it, both with respect to his staying in the race and even his ability to finish out his presidential term?
  • “When you’re the president, they let you do it.” After promising an opinion “for the ages,” the Supreme Court, in a 6-3, party-line decision, held that presidents enjoy at least some degree of absolute immunity from criminal prosecution for official acts. Did the opinion, as the dissenting Justices argued, make the president above the law? And what does the opinion mean for the ongoing criminal prosecutions seeking to hold Trump accountable for crimes he allegedly committed while in office?
  • "Tell it to my face…ial challenge." The Supreme Court continues its pattern of not squarely addressing difficult legal questions about the Internet. In Moody v. NetChoice, the Court sent back two challenges to state social-media moderation laws to the lower courts, instructing them to examine the laws on an as-applied, rather than facial, basis. What guidance did the Court give to the lower courts on remand, and what questions about the scope of the platforms’ First Amendment protections remain unanswered?

For object lessons, Alan gave himself a post-tenure present in the form of a fancy grill, Kevin recommended a Parisian shark week movie, Quinta suggested an animated science fiction adventure, and Hyemin enjoyed a book about the geopolitics of shame.

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Kevin Frazier is an Assistant Professor at St. Thomas University College of Law. He is writing for Lawfare as a Tarbell Fellow.
Hyemin Han is an associate editor of Lawfare and is based in Washington, D.C. Previously, she worked in eviction defense and has interned on Capitol Hill and with the U.S. Mission to the United Nations. She holds a BA in government from Dartmouth College, where she was editor-in-chief of The Dartmouth independent daily.
Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, a senior editor at Lawfare, and a term member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.

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