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Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
Two reasons for cautious optimism—or at least cautious suspension of outright horror -
Making Sense of the Supreme Court’s Social Media Decisions
Neither case reached the merits. But NetChoice and Murthy have set the paradigm through which the Court will evaluate social media regulations and will change the way governments try to influence social ... -
Rational Security: The “Gluten-Free Clam Pizza is the Best Pizza” Edition
This week, a Scott-less Alan and Quinta sat down with Lawfare Tarbell Fellow Kevin Frazier and law school-bound Associate Editor Hyemin Han. -
Lawfare Live: Trump's Trials and Tribulations, July 5
Join the Lawfare team for a discussion of the trials of Donald Trump. -
In NetChoice Cases, SCOTUS Reaffirms Limits to Government Intervention With Online Speech
Though the opinion is likely not the final word on the Texas and Florida laws, it’s an important statement that the Court will not set different rules for online and offline speech. -
In Search of Complementarity: Israel’s Possible Responses to ICC Arrest Warrants
If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards. -
Lawfare Daily: Anupam Chander, Kyle Langvhardt, and Alan Rozenshtein on the Supreme Court's Decision in Moody v. NetChoice
Unpacking the complex opinion that includes several concurrences and a lot of open questions. -
Broad Reflections on Trump v. United States
The wisdom of the decision depends on unknowable future events. -
A Decision of Surpassing Recklessness in Dangerous Times
The Supreme Court’s decision in Trump v. United States would have been wrong and dangerous at any time. It’s uncommonly so with Trump poised to retake power. -
The Supreme Court’s Presidential Immunity Decision
A summary of the Supreme Court opinions in Trump v. United States -
Lawfare Daily: Are Former Presidents Immune From Criminal Prosecution? We’re Still Not Sure
The Supreme Court handed down its ruling in Trump v. United States, concerning the former president’s potential immunity from prosecution over his efforts to overturn the 2020 election. -
Four Hearings and a Funding Stream
A dispatch from Judge Cannon’s hearings on special counsel funding, modifying Trump’s bond conditions, attorney-client privilege, and Trump’s challenges to the validity of the warrant.