The Latest Breaking News from Mark Graber

Supreme Court to hear oral arguments on future of birthright citizenship

The Supreme Court is set to hear arguments Wednesday about President Donald Trump’s effort to redefine birthright citizenship, in a case experts said could confine Congress’ power to define who is considered part of the nation. The case turns on the president’s executive order to disallow citizenship for children born…

Roll Call · Mar 30

The US supreme court may address Trump’s tariffs. Does he want to win?

The president has claimed any decision against him would ‘destroy’ the ‘financial fabric of our country’

The Guardian - US · Sep 8, 2025

Mark Graber on the History and Original Meaning of the Militia Act of 1903

Graber shows that the act used by Trump to federalize the California National Guard does not allow the president to take this step in response to low-level violence and disorder.

Reason · Jul 23, 2025

Professor Mark Graber responds to Blackman & Tillman on the 1868 Louisville Daily Journal

In response to the "new source" described in Josh's recent post (and Tillman's recent amicus brief, and earlier in this short SSRN piece by John Connolly) Professor Mark Graber writes at Balkinization: Eureka Not: The President is an Officer of the United States Redux, Redux . . . Mark Graber…

Reason · Jan 11, 2024

Louisville Daily Journal (April 1868): The President is not an "Officer of the United States"

A new source in the debate over Section 3 of the Fourteenth Amendment.

Reason · Jan 10, 2024

The January 6 Attack was an Insurrection

And it isn't a close case.

Reason · Jan 6, 2024

Will Trump provoke a crisis of legitimacy for the US supreme court?

The court can only rescue Trump from the Colorado ruling by shredding originalism and textualism. Will it?

The Guardian - US · Dec 26, 2023

Debate on Section 3 and Insurrection at Georgetown

Mark Graber and I discuss whether Trump is disqualified.

Reason · Oct 25, 2023

She spent years fighting for accountability. Anna Borkowski hopes Baltimore County has ‘changed for the better’ for sexual assault survivors

BALTIMORE — In the video, Anna Borkowski snuggles with her dog Remi after waking up, their faces touching. The only sound is Remi’s breathing and a sigh as the dog shifts her position.

Tribune News Service · Dec 13, 2022

Dan Rodricks: Law prof makes case for barring insurrectionist from holding office. Is Trump next?

Mark Graber, regents professor at the University of Maryland School of Law and constitutional expert, helped make the case for the disqualification of a New Mexico official who took part in the Jan. 6 attack on the Capitol. The case, says Graber, was an important test for efforts to bar…

Tribune News Service · Sep 28, 2022