As President Trump prepares to meet with Vladimir Putin, his Justice Department says it can prove beyond a reasonable doubt that the Russian president has been lying about his country’s involvement in th...

At the end of the last term, the Supreme Court decided in a 7-2 opinion that the high court exercises appellate jurisdiction over the United States’ military justice system—a system it says begins at the...

Congress passed the Cloud Act as part of an omnibus spending bill in March over the objection of many civil society groups, including the Center for Democracy & Technology (with which I am affiliated). T...

The outcome in Trump v. Hawaii should not have been much of a surprise. In December, a majority of the Supreme Court allowed the entirety of the travel ban to go into effect temporarily.

Approximately 100 asylum seekers arrived at the U.S. border between San Diego and Tijuana in April after traveling together as part of a migrant caravan through Mexico. Mostly families seeking safety in ...

The Supreme Court’s recent decision in Carpenter v. United States raises lots of fascinating and novel Fourth Amendment questions. In this post I want to focus on one interesting and important set of qu...

Trump v. Hawaii is about the constitutional status of pretext: When should we accept a pretext from the president and what does it take to cure or alleviate the taint of bad acts by a president once they...

As the chaos unspooled from President Trump’s executive order on family separations, a conventional wisdom quickly emerged: This order was an echo of the very first executive order of Trump’s presidency—...

Even before the Supreme Court upheld the Trump administration’s travel ban, trust in law enforcement was eroding—and reaching a nadir—among American Muslims. Many view this administration’s policies as a...