What's Old is New Again
With every new administration comes new promises and new actions on national security. But what’s “new” has often been proposed or even tried before—which means there’s a good chance Lawfare has already analyzed some of the legal and policy implications they present. So we’re making that past content readily accessible as it becomes newly relevant.
Find our regularly updated, curated list of Lawfare analysis from the archives below.
-
Using Force Against Mexican Drug Cartels: Domestic and International Law Issues
Executive branch lawyers could argue that using force against cartels would be consistent with past presidential uses of force, but it would be very difficult to defend under international law. -
The National Security Dimension of Birthright Citizenship
The hottest flash point at the moment in this summer’s immigration debate is birthright citizenship. -
Acting Accordingly: Acting Officers and the Federal Vacancies Reform Act
Lawfare’s readers are well-aware that the political echelons of the Trump administration are woefully understaffed. Ten months into this presidency, the pace of appointments under Trump trails that of hi... -
The Chaos of Trump’s Would-be Birthright Citizenship Order
In an interview with Axios released on the morning of Tuesday, Oct. 30, President Trump indicated plans to sign an executive order revoking birthright citizenship—returning to a proposal he floated early... -
The White House Counsel and the Pending Birthright Citizenship Executive Order
Former White House Counsel Donald McGahn had his work cut out for him as legal adviser to this particular president, and his successor, Pat A. Cipollone, cannot expect an easier time. Among the looming c... -
Summary: The Trump Administration’s New Policy on Transgender Servicemembers
On March 23, the Trump administration released a new order restricting the ability of transgender individuals to serve in the military.