Reaction to immigration tactics being used as ‘pretext’ for National Guard deployments
Benjamin Farley, member of CERL’s Advisory Council, spoke with NPR about President Donald Trump’s deployments of the National Guard to aid in immigration enforcement. He explained the reaction to the Trump administration’s immigration enforcement tactics is being used as a “pretext” for sending the National Guard to U.S. cities. Benjamin Farley is a member of […]
Will President Trump invoke the Insurrection Act?
President Donald Trump has indicated he is not opposed to invoking the Insurrection Act if necessary. CERL’s Claire Finkelstein is quoted in an article by Josh Meyer of USA Today addressing the history of this 19th century Act which gives presidents the power to use federal troops to quell domestic civil unrest. Claire Finkelstein […]
Courts weighing legality of National Guard deployments are setting a ‘clear record’ of conditions on the ground
Judges assessed on Thursday whether President Trump exceeded his authority in ordering the deployment of federal troops to Chicago, Illinois and Portland, Oregon. CERL’s Professor Claire Finkelstein joined Here & Now‘s Robin Young to discuss what is being tested by the courts and how the ruling in California’s National Guard lawsuit could shape these and […]
Orders to deploy federal troops to Portland are ‘clearly illegal’
On Oct. 5, the Pentagon announced President Donald Trump had ordered the deployment of troops from California’s National Guard to Portland, Oregon to aid federal personnel, including those in U.S. Immigration and Customs Enforcement (ICE). A judge has temporarily blocked this order. CERL’s Professor Claire Finkelstein told Deutsche Welle that using the military for domestic […]
Future of federally funded scientific research is on the line
At the MIT Press Reader, Professor Jonathan D. Moreno, member of CERL’s Affiliated Faculty, discusses the fragile relationship between science and government. Federal funding of research has led to such advancements as atomic power and the internet, expanding both the hard and soft powers of the United States on a global scale. Today, skepticism about […]
Calling drug smugglers ‘unlawful combatants’ goes too far
The Trump administration told Congress confidentially this week that drug smugglers are to be designated as “unlawful combatants” in an “armed conflict” between the United States and drug cartels, the New York Times reports. Professor Geoffrey Corn, member of CERL’s Advisory Council, explains at the Times that targeting civilians who are not actively engaged in […]
Finkelstein, Roosevelt discuss Trump’s NSPM-7 memo
Days after deeming Antifa a domestic terrorist organization, President Trump issued a memorandum, “Countering Domestic Terrorism and Organized Political Violence,” known as “NSPM-7,” that lays out a law enforcement strategy to disrupt groups involved in efforts to instigate political violence. At the Daily Pennsylvanian, Professors Claire Finkelstein, faculty director of CERL, and Kermit Roosevelt, member […]
Case against Comey ‘isn’t a serious’ one
Just days after President Trump told Attorney General Pam Bondi to more vigorously investigate his political opponents, a federal grand jury charged former FBI Director James Comey on two counts, one relating to making a false statement to a Senate committee and the other to obstruction of Congress. Robert Kelner, member of CERL’s Executive Board, […]
Simmons elected 2025-26 president of APSA
Join us in congratulating Professor Beth Simmons, member of CERL’s Affiliated Faculty, on her election as president of the American Political Science Association (APSA), a leading political science association serving over 11,000 members. She will serve a term from 2025-2028. Beth Simmons is Andrea Mitchell University Professor of Law and Political Science at the University […]
Can Trump silence retired military officers by using Article 88 of the UCMJ?
Under Article 88 of the Uniform Code of Military Justice, retired service members could be court-martialed for using “contemptuous words” against the president or other high-level government officials. At Just Security, George Croner, member of CERL’s Advisory Council, argues the concern around President Trump applying this Article to seek retribution and mute criticism is “decidedly real,” and […]
UK, France recognition of Palestinian statehood could imperil European security
This week, the United Kingdom and France joined other countries in formally recognizing Palestinian statehood. Ahead of their announcements, Professor Orde Kittrie, member of CERL’s Advisory Council, wrote at Foundation for Defense of Democracies that a move on their part to recognize Palestine as a state would “reward terrorism” and put at risk European security […]
‘Diluting’ the law to justify policy decisions comes at a great cost
International lawyers who have adopted the approach of shaping the law to fit policy decisions are partly responsible for the eroding commitment to legal frameworks, Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, writes in an opinion for Verfassungsblog. In discussing the Trump administration’s recent strikes on boats suspected of carrying drugs, she warns […]
Using force against three boats suspected of smuggling drugs is ‘legally unjustified’
The Trump administration claims to have targeted and struck “three boats” departing from Venezuela over the past few days. Professor Geoffrey Corn, member of CERL’s Advisory Council, spoke with the Washington Examiner about these strikes, noting that they lack legal justification. Geoffrey S. Corn is the George R. Killam, Jr. Chair of Criminal Law and […]
Constitution’s Commerce Clause is central to debate around state-federal balance of power
In a film produced by the Annenberg Public Policy Center’s Leonore Annenberg Institute for Civics, Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, discusses a section of the U.S. Constitution known as the Commerce Clause, which gives Congress regulatory power over commercial activity among states and foreign nations. The clause plays a critical role in […]
Strike on ship from Venezuela killing 11 marks a shift toward “outlawry”
The killing of the 11 people onboard the ship from Venezuela suspected of transporting illegal drugs signals a move on the part of the Trump administration toward “outlawry,” according to CERL Advisory Council Member Benjamin Farley in an opinion at Foreign Policy. In painting drug smugglers as terrorists and using dubious legal justifications, the president […]
Lifting of ban on racial profiling will put at risk constitutional rights of millions of Americans
CERL’s Professor Claire Finkelstein joined Al Jazeera to discuss the lifting of a restriction that barred immigration agents from stopping individuals based on their race or ethnicity, language, location, or employment. The ruling upends longstanding legal precedent and threatens the constitutional rights of Americans, Prof. Finkelstein notes. Claire Finkelstein is the Algernon Biddle Professor of […]
Were military lawyers ‘steamrolled’ in decision to launch Tren de Aragua boat attack?
There is near-total agreement among experts in military law that the recent attack against the boat in international waters suspected of carrying drugs was a violation of domestic and international law. Yet military lawyers who bear an obligation to these laws presumably reviewed the order as it moved through the chain of command. In an […]
U.S. strike on drug-transporting boat in Caribbean violated ‘right to life’
The U.S. military strike against an alleged drug-transporting boat off the coast of Venezuela was unlawful, according to CERL Advisory Council Member Mary Ellen O’Connell in an opinion for The Conversation. The United States is party to a human rights treaty that sets out the “inherent right to life” in times of peace, as well […]
Gaming: The new frontier of military training
At War on the Rocks, General Joseph Votel, member of CERL’s Executive Board, explains how gaming can enhance military training by building skills that are critical for modern warfare, simulating environments that would otherwise be difficult to replicate, and allowing the United States to maintain its advantage over adversaries. He urges defense leaders to invest […]
Former senior government officials warn Trump’s ban on collective bargaining ‘undermines national security’
A group of former high-level national security officials in the U.S. government, including CERL Executive Board Member Alberto Mora, filed an amicus brief in the case AFGE, AFL-CIO, et al. v. Trump asserting that an executive order issued by President Trump, which attempts to remove collective bargaining rights from a large number of federal works […]
Strike on Venezuela boat allegedly carrying drugs was a violation of international law
The U.S. military this week struck a boat from Venezuela purportedly carrying drugs, killing 11 people. Professor Mary Ellen O’Connell is quoted at Reuters discussing the legality of the operation. The United States “had no right” to lethally target the individuals suspected of involvement with drug trafficking, she said. She is also quoted at The […]
Raid on Trump’s former national security advisor appeared ‘vindictively suspicious’
Mark Zaid, member of CERL’s Executive Board, was interviewed by Chanel Four Television about the raid conducted by the FBI on Trump’s former national security advisor, John Bolton, calling it “vindictively suspicious.” Mark S. Zaid, Esq., is a Washington, D.C. based attorney who specializes in crisis management and innovatively handling simple and complex administrative and […]
U.S. military action in Mexico against cartels would violate UN Charter
Professor Geoffrey Corn, member of CERL’s Advisory Council, is quoted in a Newsweek article discussing President Trump’s reported plans to carry out strikes against cartels in Mexico. Without the prior authorization of Mexico, any U.S. military operations in Mexico would be “an act of aggression” in breach of international law, Professor Corn explains. Geoffrey S. […]
Talks on finalizing security guarantees for Ukraine are a ‘good step’ toward bringing Russia-Ukraine war to an end
General Joseph Votel, member of CERL’s Executive Board, joined Fox News to speak about the meeting among NATO defense chiefs to finalize a security package for Ukraine. He explains the interplay between military operations and political agreements, as well as discusses the ability of European nations to serve in a peacekeeping role. General Joseph L. […]
Revoking security clearances of 37 U.S. officials was ‘unlawful and unconstitutional’
Over 30 national security officials this week had their security clearances revoked by President Trump. Mark Zaid, member of CERL’s Executive Board, is quoted in a New York Times article discussing this latest move by the administration to rid intelligence of “politicization,” noting that the decision to strip officials of their clearances was “unlawful and […]
U.S. Air Force assets deployed to Diego Garcia before strikes on Iran have been withdrawn
Satellite images showed an emptying out of U.S. military aircrafts from Diego Garcia, a joint U.K.-U.S. military base in the Indian Ocean that served a key role in U.S. signaling to Tehran before Operation Midnight Hammer, when the United States struck three Iranian nuclear facilities. General Joseph Votel, member of CERL’s Executive Board, told Newsweek […]
Is use of force authorized against terrorist-designated drug cartels?
President Trump has directed the Pentagon to start using military force against terrorist-designated drug cartels in Latin America. Professor Geoffrey Corn, member of CERL’s Advisory Council, is quoted in a Rolling Stones article discussing the criteria that would need to be met in order to authorize the use of force, including the threat of or […]
Prof. Meskell elected to British Academy
Join us in congratulating Professor Lynn Meskell, member of CERL’s Affiliated Faculty, on her election to the British Academy! The British Academy is the national academy for the humanities and social sciences in the United Kingdom. Lynn Meskell is Penn Integrates Knowledge (PIK) Professor at the University of Pennsylvania with joint appointments in the Department of […]
The right to provide humanitarian aid in Gaza
In a post for EJIL: Talk!, Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, discusses the rights to obtain and offer humanitarian assistance in conflict zones. She notes that in the case of Gaza, consent from Israel to deliver aid is not a requirement but from a practical standpoint, cooperation among parties heightens the […]