An analysis of whether the new order violates the Immigration and Nationality Act or the Administrative Procedure Act, as well as an examination of the broader separation-of-powers framework.
Latest in Executive Power
He knew about Flynn's foreign agent issues early on but failed to act during the transition.
Making National Security Arguments in Court (and Congress), Part II: Some Advice for Secretary Kelly
Given concern whether there are legitimate national security grounds on which to defend the President's executive order on refugees, Secretary Kelly will have to make a tough call about whether to sign his name to the revised EO.
The Trump administration's recent missteps should turn our attention to the question of whether Don McGahn is fulfilling his responsibilities as White House Counsel.
There's a lot we don't know about how and why White House Counsel McGahn concluded that the Flynn matter raised no legal issues.
The second part of a two-part essay examining the reasoning in the Ninth Circuit’s per curiam opinion and concluding that, despite its well-meaning intentions, the opinion is a comedy of errors.
The main danger in a Trump presidency is not that it will be too strong, but that it will be too weak.
What did McGahn know and do, and not do, and when?
The first part of a two-part essay examining the reasoning in the Ninth Circuit’s panel opinion and concluding that, despite its well-meaning intentions, the per curiam opinion is a comedy of errors.