Ruling from NH federal judge to block Trump’s birthright citizenship order is likely to face scrutiny
A federal judge has certified a class-action lawsuit filed by the ACLU and other groups that seeks to protect children affected by President Donald Trump’s order to end birthright citizenship. Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, told Roll Call it is unlikely the Supreme Court will rule in favor of a “substitute,” having […]
U.S. Merit Systems Protection Board ‘is effectively defunct’
CERL Executive Board member Mark Zaid is quoted in a Washington Post article by Perry Stein discussing the culture of fear arising from widespread firings and forced resignations at the Justice Department and FBI. Zaid explains terminated federal government employees are required to file appeals through the U.S. Merit Systems Protection Board before pursuing other […]
U.S. should take the development of nuclear-powered icebreakers seriously
To remain competitive with Russia and China in the Arctic region, the United States should invest in a fleet of ships, called nuclear-powered icebreakers, that can traverse waters with thick ice, according to an opinion for the Washington Times by David Jonas, member of CERL’s Advisory Council. Plans that are already underway for the United […]
General Votel comments on evolving situation in Iran
General Joseph Votel, member of CERL’s Executive Board, appeared on various news outlets to discuss the situation in Iran, including Israel’s airstrikes on Iran’s nuclear and military sites, negotiations around Iran’s nuclear weapons program, and the U.S. decision to drop bunker-buster bombs on three Iranian nuclear facilities, as well as Iran’s retaliatory strikes on Israel […]
Abiding by the UN Charter is the ‘surest path to peace’ in Iran-Israel conflict
Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, refutes claims that attacks by Israel and the United States on Iran’s nuclear weapons program in June were justified. She asserts the strikes were in violation of the United Nations Charter, which urges the use of diplomatic channels over military force. Mary Ellen O’Connell is […]
Changing how the Pentagon budgets is a ‘strategic imperative’
In a piece for the National Interest, CERL Affiliated Faculty member Michael Horowitz and Lauren Kahn argue the Pentagon’s Planning, Programming, Budget, and Executive (PPBE) process cannot keep pace with today’s threat landscape and technological needs. With China rapidly growing its military arsenal, it is critical for the Pentagon to acquire new defense capabilities with […]
AUKUS security pact could face strain as courts increasingly consider challenges to executive authority
Across all three countries participating in the security pact AUKUS—Australia, the United Kingdom, and the United States—decisions about military deployment have long been shielded from judicial review through a doctrine known as “nonjusticiability.” In a piece for Lawfare, Samuel White, Daniel Skeffington, and CERL Advisory Council member Geoffrey S. Corn assert that as courts in […]
‘Congressional quiescence’ on matters connected to authorizations of military force
CERL’s Professor Claire Finkelstein is quoted in a Roll Call article discussing whether President Trump violated the Constitution in unilaterally authorizing the U.S. strikes on Iran’s three nuclear sites. Professor Finkelstein explains presidents have historically adopted wide interpretations of the War Powers Act and that Congress has done little to serve as a counterbalance in […]
Science-based approaches are ‘more effective’ than coercive methods at gathering accurate intelligence
In an interview with Scott Savage of Savage Training Group for ScienceBasedInterviewing.org, CERL Advisory Council member Mark Fallon discusses his nearly 30-year career as an NCIS Special Agent, the importance of rapport-based techniques over coercive approaches to interviewing, and the ways in which science can be harnessed to improve law enforcement training. Mark Fallon is […]
Legal principles governing the president’s use of the military for domestic purposes
CERL’s Professor Claire Finkelstein participated in a virtual discussion organized by the Society for the Rule of Law addressing the circumstances under which U.S. troops can be called up for domestic law enforcement purposes. Other speakers were Kevin Carroll of Fluet, Garri Hendell of the Pennsylvania Army National Guard, and Gregg Nunziata of the Society […]
Did President Trump have the legal authority to attack Iran’s nuclear sites?
President Donald Trump did not need congressional approval to authorize the strikes on Iran, argue Professors Geoffrey Corn, Claire Finkelstein, and Orde Kittrie in an opinion for the Washington Post. While the War Powers Resolution of 1973 forbids the president from sending U.S. troops into hostilities without first consulting Congress, presidents from both parties have […]
Denying U.S. institutions federal funds for not complying with the president’s agenda is ‘extortionate’ and ‘unconstitutional’
In an opinion for the Washington Post, Professor Mitchell Berman, member of CERL’s Affiliated Faculty, argues President Trump is violating the Constitution by using or threatening to use federal funds and other government services to exert leverage on American individuals and institutions who are exercising their rights in ways that differ from his agenda. Mitchell […]
Israel’s strikes on Iran were a ‘serious violation of international law’
In speaking with WNDU’s 16 News Now about Israel’s strikes on Iran, Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, urged compliance with the UN Charter and the use of diplomacy over military action. According to Professor O’Connell, Israel’s use of force did not meet the narrow permissions for self-defense. Mary Ellen O’Connell is […]
Israel was ‘doubly justified’ in attacking Iran’s nuclear weapons program
In an opinion for the Jewish Chronicle, CERL Advisory Council member Geoffrey Corn argues Israel was “doubly justified” in launching airstrikes on Iran’s military and nuclear facilities last month. Since the two countries have been engaged in an ongoing war since at least October 7, he contends, Israel did not need to meet the requirements […]
Congress’ power ‘to declare war’ serves important role in ‘restraining’ the president
Mary Ellen O’Connell, member of CERL’s Advisory Council, is quoted in a New York Times article by W.J. Hennigan discussing whether President Trump has the legal authority to engage in military action against Iran without first seeking Congressional authorization. She notes the role of the Constitution’s Declare War Clause in preventing the executive branch from […]
Dismantling of DOJ Public Integrity Section puts rule of law at risk, Gerson warns
Stuart Gerson, member of CERL’s Executive Board, is quoted in reporting by Sarah N. Lynch, Ned Parker, Peter Eisler and Andrew Goudsward of Reuters on the dismantling of a section at the Department of Justice put in place after the Watergate scandal to prevent the politicization of prosecutions involving public officials. Gerson warns of the […]
California’s lawsuit challenging President Trump’s federalization of the National Guard is ‘quite strong’
CERL’s Professor Claire Finkelstein participated in a virtual conversation hosted by the Center for a New American Strategy (CNAS) on the legal questions arising from President Donald Trump’s deployment of the National Guard and U.S. Marines to Los Angeles, California, in response to ongoing protests against ICE raids. She argued, among other things, that Governor […]
‘Longstanding tradition of an independent military’ at stake in L.A. protest response
In a segment on Al Jazeera, CERL’s Professor Claire Finkelstein discusses the evolving situation in Los Angeles, California, including the legality of deploying the National Guard and U.S. Marines under 10 U.S.C. § 12406, the strength of Governor Gavin Newsom’s lawsuit against President Donald Trump, and the role of the courts in addressing the interplay […]
Some call on Ireland to stop the U.S. from transporting weapons through its airports when international law is at stake
In the last three years, close to 2,000 U.S. aircrafts carrying weapons or other military equipment landed in Ireland. Mary Ellen O’Connell, member of CERL’s Advisory Council, told RTÉ News Ireland has an opportunity to defend international law by prohibiting the United States from using Irish airports for the transport of weapons that are headed […]
Polygraph tests are being ‘weaponized’ against government officials, Zaid asserts
Mark Zaid, member of CERL’s Executive Board, is quoted in CNN analysis by Zachary B. Wolf discussing the frequency with which the Trump administration is using or threatening to use polygraph exams as a supposed way to safeguard sensitive information. Zaid states these tests are being ‘weaponized’ against federal employees who are not otherwise subject […]
Finkelstein participates in event designed to strengthen democracy through civic dialogue
CERL’s Professor Claire Finkelstein participated in an expert panel as part of America in One Room, a project aimed at strengthening democracy through civic dialogue. Other programming included a question-and-answer session with Rep. Joanna McClinton, Speaker of the Pennsylvania House of Representatives, and small group breakout sessions with residents from around the Philadelphia area. Reporting […]
Deals struck between top law firms and President Trump cause concern among rule of law experts
Mark Zaid, member of CERL’s Executive Board, is quoted in reporting by Ashleigh Fields of The Hill discussing the departure of four partners from Paul Weiss after the firm struck a deal with President Trump to avoid the restrictions laid out in a March 2025 executive order. Mark S. Zaid, Esq., is a Washington, D.C. […]
Supreme Court blocks Trump from using Alien Enemies Act to deport Venezuelans accused of having ties to terrorist organization
The Supreme Court blocked the Trump administration from deporting over 100 Venezuelan detainees with alleged ties to the Tren de Aragua gang under the Alien Enemies Act of 1798, citing concerns over inadequate notice to migrants about their removal and due process rights. In a post for Epstein Becker Green’s SCOTUS Today, CERL Executive Board […]
General Votel presented West Point Association of Graduates’ 2025 Distinguished Graduate Award
The West Point Association of Graduates (WPAOG), an alumni group serving the military academy, presented General Joseph Votel, member of the CERL Executive Board, with the 2025 Distinguished Graduate Award (DGA). The DGA, awarded to six recipients from a pool of 29 nominees, honors graduates of West Point “for their outstanding service, leadership, and commitment […]
Legal options available to states for protecting autonomy of National Guard
Under agreements reached between the Trump administration and the National Guards of Texas and Florida, Guard personnel would be responsible for conducting law enforcement activities in support of efforts by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to arrest and detain undocumented immigrants. In commentary for a Center for a New […]
Dispensing with mandatory law of war training in U.S. Army is ‘dangerous’
Under new U.S. Army regulation, once-mandatory training focused on teaching soldiers about the legal frameworks governing war will be optional and at the discretion of commanders. In an opinion for Military Times, CERL Advisory Council member Geoffrey Corn warns of the dangers of cutting these trainings, noting that respect for and compliance with the law […]
Trump’s campaign to revoke student visas is ‘merely performative,’ doing little to combat antisemitism on college campuses
The Trump administration has stripped hundreds of foreign university students of their visas, many of whom were targeted for their participation in pro-Palestinian activities. In an opinion for The Hill, Frank Figliuzzi and CERL’s Professor Claire Finkelstein explain why President Trump’s actions not only run counter to his stated goal of combatting antisemitism but also […]
Comey investigation raises questions about First Amendment protections
Former FBI Director James Comey is being investigated by the Trump administration for posting a “threat” to the president on social media. Mark Zaid is quoted in a Washington Post article by Mark Berman, Patrick Marley, and Perry Stein discussing the incident and the apparent targeting of individuals who have criticized the Trump administration. Mark […]
President’s plan to accept Qatari luxury jet could pose challenge to national security
CERL Advisory Council member Geoffrey Corn spoke with KCBS Radio about President Trump’s plan to accept a Boeing 747-8 jet from Qatar, priced at $400 million, as the new Air Force One, raising concerns about the safety of the jet, security risks, including espionage, and the lack of Congressional overview. Geoffrey S. Corn is the […]