-
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. -
Lawfare Daily: Mexican Cartels and American Guns
Discussing oral arguments in Mexico v. Smith & Wesson. -
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. -
The Situation: Court Orders, Kidnapping, and Smuggling
Trump and Bukele play three-card monte with a detainee. -
Can the President Appoint Principal Officers Without the Senate?
Trump claims he can fire officers not picked by the president and hire acting leaders for Senate-confirmed roles outside the Vacancies Act. -
Lawfare Live: Court Hearing on the Removal of Abrego Garcia
Join the Lawfare team for a live discussion on April 15. -
Lawfare Daily: Trials of the Trump Administration, April 11
Listen to the April 11 Lawfare Live. -
The Situation: Formalist Delusions Confront Lawless Realities
Why would anyone grant these people a presumption of regularity? -
Appointments, Removal, and the Unitary Executive Empowered
President Trump’s restructuring of the administrative state is unprecedented—what does Supreme Court precedent say about its legitimacy? -
Rational Security: The "Humphrey's Executor's Executor" Edition
Scott Anderson, Benjamin Wittes, Quinta Jurecic and James Pearce talked through the week's biggest national security news stories. -
What Happens When Courts Can’t Trust the Executive Branch?
In the lower courts, the presumption of regularity is in free fall—if it hasn’t crashed already.