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Don’t Overread the Court’s Immunity Opinion
Chief Justice Roberts gives neither Trump nor any future president a green light to tyranny, as some initial reactions to his opinion fear. -
Facts Matter: A Critical Analysis of the ICJ’s Fact-Finding Approach
The upcoming release of the Palestine Advisory Opinion may raise significant questions about how the International Court of Justice establishes the facts on which an alleged breach of the law is made. -
Judge Cannon Dismisses Trump Classified Documents Case
Cannon reasoned that the appointment and funding of Special Counsel Jack Smith was in violation of the Appointments Clause. -
Lawfare Live: Judge Cannon Dismisses Classified Documents Case Against former President Trump
Watch a live podcast recording on Judge Cannon's order. -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (July 11, 2024)
Listen to this week's episode of Trump's Trials and Tribulations -
How the 'Muslim Ban' Case Foreshadowed Trump v. United States
Both cases found the justices split on whether to separate the president from the presidency. -
The TikTok Ban Is Terrible. But Courts Should Not Overturn It as Unconstitutional.
Overturning the law on First Amendment grounds would require courts to make policy judgments that should be left to the political branches. -
Lawfare Daily: The Supreme Court Takes the Bait: Loper Bright and the Future of Chevron Deference
How could the Loper Bright decision impact executive agencies' regulations? -
A Rule for the Ages, or a Rule for Trump?
The majority opinion in Trump v. United States badly misstates principles of separation of powers to immunize hypothetical future presidents—in service of immunity for Trump himself. -
Goodbye to Special Counsel Investigations of Incumbent Presidents
Missing in much commentary about Trump v. United States is what it means for the expansion of immunities for presidents while in office. -
Lawfare Live: Trump's Trials and Tribulations, July 11
Join the Lawfare team tomorrow for a discussion of the trials of Donald Trump. -
ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications...