Latest in Executive Branch
Published by The Lawfare Institute in Cooperation With 
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What the Supreme Court Got Wrong in the Trump Section 3 Case
The Court botched the legal reasoning and relied heavily on dubious policy arguments. -
National Security and Foreign Policy Highlights from the State of the Union
President Biden called for a commitment to freedom and democracy at home and overseas. -
NIST's Software Un-Standards
NIST’s latest forays in risk management frameworks disavow concrete metrics or outcomes, and solicit voluntary participation instead of providing stable mandates. -
The Lawfare Podcast: Lidsky and Koningisor on First Amendment Disequilibrium
Why is the press at a First Amendment disadvantage? -
The Interesting History and Opportunity of Biden’s Evolution on War Powers
Why Protect Democracy filed a Freedom of Information Act (FOIA) request with the Biden administration demanding the release of its legal justification for ongoing military action in Yemen. -
Section 3 Disqualification Answers—and Many More Questions
The Supreme Court’s ruling in Trump v. Anderson punts several questions about disqualifying Donald Trump under Section 3 of the 14th Amendment. -
Double Dispatch: Friday’s Hearings in South Florida and Fulton County
Five hundred miles apart, two courts held major hearings in Trump criminal cases. -
Biden’s Sensitive Data EO Takes an Important Step
Rather than continue waiting for Congress to act, the executive branch is right to pursue measures targeting some of the lowest-hanging national security risks posed by data brokerage. -
It’s Time for Congress to Protect the Classified Records of Former Presidents and Vice-Presidents Because They Won’t
Simply put, the Presidential Records Act was not written with classified information in mind. -
White House Releases Executive Order Restricting Bulk Sale of Personal Data
The order is intended to protect against the “growing exploitation” of Americans’ sensitive personal data. -
The Lawfare Podcast: Sanctions Past, Present, and Future with OFAC Director Brad Smith
How has the Biden administration used economic sanctions? -
Limiting Data Broker Sales in the Name of U.S. National Security: Questions on Substance and Messaging
A sweeping new executive order reveals a much bigger policy shift worth unpacking.
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