The Latest Breaking News from Lawfare

Texas is wrong to equate illegal migration and drug smuggling with invasion. If accepted by courts, the argument would set a dangerous precedent.

I argue that the justices botched the legal analysis and relied too much on questionable policy considerations.

"To be clear, we mean no disrespect to either of these fine academics but their views on this matter are idiosyncratic."

Bragg’s argument may harm Trump in the removal case, but in the long run, this argument could help Trump in future political disqualification-related litigation under Section 3 of the Fourteenth Amendment.

Seth Barrett Tillman and I discuss whether the President is an "Officer of the United States" for purposes of the federal officer removal statute.

Once again, a jury shows they're more interested in punishing the seditious generals than the foot soldiers

From the Lawfare blog (link to my paper revised): If someone lies about you, you can usually sue them for defamation. But what if that someone is ChatGPT? Already in Australia, the mayor of a town outside Melbourne has threatened to sue OpenAI because ChatGPT falsely named him a guilty…

The Jan. 6 Committee uncovers a different kind of official norm-breaking