Latest in Executive Branch
-
Slavery and Birthright Citizenship
The administration’s position in the birthright citizenship case contradicts the central purpose of the 14th Amendment’s Citizenship Clause. -
Lawfare Daily: The Trials of the Trump Administration, March 13
Listen to the March 13 livestream as a podcast. -
The Situation: An Investigation Based on Vaporous, Speculative Malice
On a judge’s opinion, the U.S. attorney’s unhinged press conference, and the government’s almost empty brief. -
The IEEPA Tariffs Are Gone. The Damage Is Done.
Next time the courts face patently illegal tariffs, they should not wait so long to put an end to them. -
In Case of Emergency: The Dubious Legality of Trump Allies' Draft EO
Conservative activists say that declaring a national emergency would allow Trump to assert sweeping authority over elections. They're wrong. -
Lawfare Live: The Trials of the Trump Administration, March 13
Join the Lawfare team at 4 pm ET for a discussion of the litigation surrounding the Trump administration. -
Rational Security: The "Stop Cap" Edition
Scott Anderson sat down with Kate Klonick, Molly Roberts, and Troy Edwards to talk through the week’s big national security news stories. -
Military AI as ‘Abnormal’ Technology
AI may be a “normal” technology in the boardroom. In the military, where costs are externalized and secrecy is default, it’s anything but. -
Lawfare Daily: Matt Olsen Talks Iran, the Justice Department, and FISA 702
Former Assistant Attorney General for National Security Matt Olsen joins Lawfare Daily. -
Constitutional Duels in the Court’s Rejection of Trump’s Tariffs
The justices agree that Congress should play the leading role in some realms, but they disagree on when—and how to get there. -
The Situation: Thinking About Anthropic’s Red Lines
What does the AI company mean by “mass surveillance” and “lethal autonomous warfare”? -
Military AI Policy by Contract: The Limits of Procurement as Governance
Over the past year, the United States has moved toward an AI governance model that is flexible yet profoundly inadequate: regulation by contract.


