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As Part of Electoral Count Act Reform, Liberals Should Learn to Love Bush v. Gore
Democrats in Congress should not let their overlooking of existing federal-court authority, or their displeasure with the result in Bush v. Gore, impede the current effort at bipartisan ECA reform. -
Shadow Sanctions for Immigration Violations
Although the INA strictly imposes deportation for all immigration offenses, immigration law does not, in practice, have only one penalty—but these sanctions are imposed arbitrarily and in the shadows of ... -
The Lawfare Podcast: Defunding the Insurrectionists
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Biden Signs Executive Order Making Sexual Harassment an Offense Under the UCMJ
Prior to the order, there was no charge for sexual harassment under military law; instead, it was prosecuted under various sections of the UCMJ. -
The Lawfare Podcast: The Capitol Police and the Enduring Effects of Jan. 6
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Washington’s Election Misinformation Bill Demonstrates Dangers of Compromising First Amendment Values
Washington Governor Jay Inslee's support for a bill that “would outlaw attempts by candidates and elected officials to spread lies about free and fair elections when it has the likelihood to stoke violen... -
Texas Man Charged With Threatening Georgia Election, Government Officials
This is the first criminal case brought by the Justice Department’s Election Threats Task Force, which was created in June 2021 to prosecute those making threats against election workers. -
The Lawfare Podcast: Trump’s Documents, the Jan. 6 Committee and the Supreme Court
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The National Security Law Podcast: Most Likely to Engage in a Seditious Conspiracy
The latest episode of The National Security Law Podcast -
What Does the Seditious Conspiracy Indictment Mean For the Oath Keepers?
The Oath Keepers, one of the premier anti-government movements in the United States that boasts a purported membership in the thousands, is facing an existential threat. -
Trump Loses Big on Executive Privilege
The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion. -
Ending the Remain in Mexico Program: Judging the Boundaries of Executive Discretion
A grant of certiorari from the Supreme Court would set the stage for clarification of the uncertainty caused by the Fifth Circuit’s ruling.