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The Latest Breaking News from Lawfare

Assessing Non-Packing Rationales For Increasing the Size of the Supreme Court

These arguments are relatively weak. And to the extent they are valid, they can be addressed without changing the Court's ideological balance.

Reason

My New Lawfare Article on "Why Callais Doesn't Justify Court-Packing"

Court-packing would cause great harm, including by boosting power-grabbing presidents like Trump. Callais's flaws are better addressed by other means.

Reason

My New Lawfare Article on "Slavery and Birthright Citizenship"

The article explains how all the standard arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment

Reason

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Anthropic, the Pentagon, and the Defense Production Act

Prof. Alan Rozenshtein (Minnesota) has a very interesting item on this today at Lawfare; I'm not an expert on the… The post Anthropic, the Pentagon, and the Defense Production Act appeared first on Reason.com.

Reason

Does the ICE Crackdown in Minnesota Violate the Tenth Amendment?

Although a federal judge declined to issue a preliminary injunction requested by Minnesota and the Twin Cities, the plaintiffs should still prevail on their claims that the federal government’s actions there are unconstitutional.

Reason

My New Lawfare Article on "Minnesota's Compelling Tenth Amendment Case Against Trump's ICE Surge"

The article describes the suit, and explains why it deserves to prevail.

Reason

Top US prosecutor’s use of text message auto-delete could be illegal, watchdog groups warn

Lindsey Halligan, who brought cases against James Comey and Letitia James, allegedly violated records-retention laws

The Guardian - US

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Who is Lindsey Halligan? Ex‑Beauty Queen Turned Trump Prosecutor in Media Storm After 'Off the Record' Texts

Trump-appointed U.S. Attorney Lindsey Halligan faces backlash after off-the-record texts with a journalist spark a Justice Department ethics storm involving Comey and Letitia James prosecutions.

International Business Times UK

Trump-appointed prosecutor contacted reporter via Signal to complain about coverage - then tried to claim it was all ‘off the record’

‘You're not a journalist so it's weird saying that but just letting you know,’ Halligan wrote

The Independent UK

"Evaluating the 'Woke AI' Executive Order"

From Prof. Alan Rozenshtein at Lawfare: Alongside last month's "AI Action Plan"—a broad strategy for promoting innovation while managing risks—last month the Trump… The post "Evaluating the 'Woke AI' Executive Order" appeared first on Reason.com.

Reason

My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"

The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.

Reason

My New Lawfare Article on "The Constitutional Case Against Trump's Trade War"

It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.

Reason

Lawfare AI Liability Symposium

I'm participating in this in-person event today at the Georgetown Law Center in D.C., and Lawfare is posting the articles… The post Lawfare AI Liability Symposium appeared first on Reason.com.

Reason

My New Lawfare Article on Why "Immigration is Not Invasion"

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

Reason

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Reason

New Lawfare Article on "What the Supreme Court Got Wrong in the Trump Section 3 Case"

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

Reason

MSNBC Debate with Michael McConnell on Trump and Disqualification Under Section 3 of the 14th Amendment

The debate aired on the Mehdi Hasan show.

Reason

My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against itself

Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.

Reason

Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election

I was one of the critics he responded to, and in this post I offer a rejoinder.

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Reason

Clearing up Common Misconceptions About the Charges Against Trump

Recent articles by Lawfare and Walter Olson perform a valuable service on this front.

Reason

Trump's Lawyers Cite, And Disagree with Blackman & Tillman On Whether The President Is Or Is Not An "Officer of the United States"

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

Reason

New York District Attorney Bragg Argues That President Trump Was Not An "Officer Of The United States"

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.

Reason

New In Lawfare: "Why the Manhattan DA's Trump Case Cannot Be Removed to Federal Court"

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

Salon

Stand back, stand by ... go to prison

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

Reason

Lawfare Podcast on AI Libel, with Prof. Alan Rozenshtein and Me

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…

Reason

Gen. Mark Milley's Wrongful Jan. 6 Overclassification

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

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