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A Forum on Law, Rights, and U.S. National Security
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News
What’s Conspicuously Missing from the Government’s Supreme Court Reply Brief in the Mail Ballots Case
1+ day, 8+ hour ago (723+ words) This essay is a supplement to the piece I published at Just Security on Tuesday regarding the ongoing litigation over whether the U.S. Postal Service (USPS) can enforce its new Final Rule on the delivery of mail ballots. I’ll assume readers…...
“Can These Bones Live?”: Reflections on the Anniversary of 9/11
3+ day, 21+ hour ago (213+ words) Above all, 9/11 memory must confront at least four challenges. One, it must not ever lose its element of grief, unspeakable loss, and a sense of authentic tragedy that many Americans refuse to confront. We need to continue to read the…...
Governors and State Administration
4+ day, 21+ hour ago (371+ words) This article is part of Just Security’s Series: “Fight Back: How States Can Counter Authoritarianism.” Adapted with permission from The New Press, from the forthcoming publication Fight Back: How States Can Counter Authoritarianism edited by Erwin Chemerinsky and Aziz Z....
The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case
5+ day, 17+ hour ago (719+ words) Two weeks ago, in Trump v. California, the Supreme Court held that a suit brought by several states to preclude the U.S. Postal Service (USPS) from issuing a new regulation regarding mail-in ballots was premature because the USPS hadn’t yet promulgated a…...
9/11 Then and Now: How it Shapes Us 25 Years On
5+ day, 22+ hour ago (584+ words) Just Security is an editorially independent, non-partisan, daily digital law and policy journal that elevates the discourse on national security, democracy and the rule of law, and rights. We publish rigorous, expert analysis and informational resources on the issues that…...
State Imperatives to Protect Civil Rights for All
1+ week, 4+ day ago (269+ words) This article is part of Just Security’s Series: “Fight Back: How States Can Counter Authoritarianism.” Adapted with permission from The New Press, from the forthcoming publication Fight Back: How States Can Counter Authoritarianism edited by Erwin Chemerinsky and Aziz Z....
U.S. Supreme Court's Rejection of the “Presumption of Regularity"
1+ week, 6+ day ago (426+ words) The Cook case concerned, in part, how the judiciary should assess the president’s stated basis for removing a Governor of the Federal Reserve. In oral argument, U.S. Solicitor General John Sauer strenuously tried to convince the Court that the president…...
Sword of the People: The Power of Grand Juries to Investigate Administration Corruption
2+ week, 6+ day ago (1718+ words) The authors are also grateful for the contributions and advice of Yale Law School’s Kate Stith, Harold Hongju Koh, Eugene Fidell, and Sonia Mittal, as well as that of Judge Ellen Segal Huvelle (ret.). This article argues that is not…...
When the President Does It...
3+ week, 2+ day ago (181+ words) That is why Nixon’s forgotten essay has salience today. Nixon’s essay loosely tracked his explanation to Frost immediately following his infamous remark. In the interview, Nixon rooted his defense of this remark in a form of emergency powers: “If, for…...
Commandeering, Coercion, and Executive Power
3+ week, 2+ day ago (392+ words) This article is part of Just Security’s Series: “Fight Back: How States Can Counter Authoritarianism.” Adapted with permission from The New Press, from the forthcoming publication Fight Back: How States Can Counter Authoritarianism edited by Erwin Chemerinsky and Aziz Z....