IEEPA Overextension and the First Amendment
On May 13, 2026, Judge Leon of the D.C. District Court temporarily enjoined on First Amendment grounds U.S. financial sanctions and travel restrictions against...
National Security
White House Secures Corporate Governance Interest in the United States Steel Corporation
Vol. 139 No. 6
President Trump is invoking new tools to bolster American economic and national security. His recent approval of Nippon Steel Corporation’s (Nippon Steel) acquisition of...
Federalism and the New National Security
Vol. 139 No. 2
U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns.
Anchors Astray: Why the Service Academy Exception is Wrong
Last month, Judge Richard Bennett of the District of Maryland ruled that the U.S. Naval Academy can continue using race in its admissions decisions. ...
Requiem for a Heavyweight: Nondelegation, Presidential Intelligence, and Covert Action
Vol. 138 No. 2
Despite long being heralded for its “one good year,” the nondelegation doctrine may be yet far from its final requiem: Recent opinions by Supreme...
United States v. Texas
Vol. 137 No. 1
Executive discretion in federal enforcement proceedings is, perhaps, a distinctly American legal tradition. In the eighteenth century, while private litigants dominated criminal actions in...
A Label Covering a “Multitude of Sins”: The Harm of National Security Deference
Forum response to Professor Chesney's Comment
Response to No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Vol. 136 No. 1
Torres v. Texas Department of Public Safety
Vol. 136 No. 1
In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Comment on United States v. Husayn (Zubaydah) and FBI v. Fazaga
Vol. 136 No. 1
Israel Levies National Security Law to Shutter Six Palestinian Civil Society Organizations
Citing its National Security Law, Israel recently designated six Palestinian civil society organizations as terrorist groups. This designation, based on classified evidence, amounts to...