US Democracy Under Threat
Constitutional democracy in the United States is under attack. The second Trump administration is systematically targeting universities, courts, the press, and the legal profession—key pillars of democracy. Civil society, students, and scholars are also coming under pressure, facing intimidation that is already having chilling effects. All of this is happening at record speed, implementing what has been called an “authoritarian legal playbook.”
This thematic focus section brings together selected legal and political analyses of the second Trump presidency, featuring contributions from Kim Lane Scheppele, Vicky C. Jackson, Scott Cummings, Joshua Sellers, William E. Scheuerman, and many more.
LATEST POSTS
11 April 2025
The U.S. President’s Electoral Power Play
On March 25, President Trump signed an executive order (EO) purporting to restructure American election administration. The ironically titled “Preserving and Protecting the Integrity of American Elections” EO sets out to, among other things, require those registering to vote in federal elections to present documentary proof of citizenship, and threatens to penalize states that accept late arriving ballots (i.e., mail ballots that are sent prior to, yet not received until after, Election Day). The EO has several legal deficiencies and much of it should be invalidated by the federal judiciary. Continue reading >>
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10 April 2025
Gaming Procedure, Gutting Due Process
The Trump administration has admitted that sending Abrego Garcia to a supermax prison in El Salvador known for human rights abuses was an “administrative error” but contends before the U.S. Supreme Court that there is nothing a federal court can do about that. As I shall explain, the Solicitor General’s argument ultimately rests on the claim that the president who frequently boasts about his abilities as a deal maker is a lousy negotiator. Continue reading >>
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28 March 2025
The Trump Administration’s Attack on Knowledge Institutions
Time for courage – and resistance Continue reading >>
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26 March 2025
Stopping Autocratic Legalism in America – Before It Is Too Late
President Donald Trump’s recent speech to the Department of Justice was meant as a declaration of war against lawyers. His words made clear that the most effective way to consolidate autocracy is by systematically dismantling the independent centers of power that support a healthy democracy, including the independent public prosecutor. As the Executive Orders targeting law firms underscore: the entire legal profession is next. This is no coincidence. Continue reading >>25 March 2025
A Constitutional Crisis? Maybe. A Constitutional Revolution? Likely.
Crisis rhetoric has become pervasive in the United States and Israel, although much of it is a hyperbolic response to the polarization currently dominating these nations’ politics. What seems clearer to us is that a process is underway in both countries that may very well culminate in a constitutional revolution. Such a development might or might not be deemed crisis-worthy, but it would mean that something profoundly significant had changed in the way the business of governing is conducted in each nation. Continue reading >>
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The Death Knell for American Free Speech Tradition
In a case that has received global attention and reproach, Mahmoud Khalil, a lawful permanent resident of the United States and recent graduate of Columbia University (another target of the Trump administration’s ire), was arrested on 8 March by Immigration and Customs Enforcement agents in front of his apartment in New York and subsequently transferred to a detention facility in Louisiana. In this blog post, my aim is to show that the case of Mr. Khalil implicates perhaps the most sacrosanct of American constitutional rights: free speech. Continue reading >>
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24 March 2025
International Law Under Pressure
In this blog post, we document and analyse the numerous apparent breaches of international law that have occurred within the first six weeks of the 2025 Trump administration. What began as an informal discussion at the Lauterpacht Centre for International Law has evolved into this analytical overview. We believe this documentation serves both academic purposes and potentially supports future legal proceedings. While defenders of these actions will undoubtedly offer justifications for what we identify as clear breaches of international law, our analysis aims to provide an assessment based on established international legal principles. Continue reading >>26 February 2025
Reading Project 2025 as a Manifesto
Manifestos have very often prefigured constitutional crisis, revolution, the overthrowing of legal orders, and set the terms of what follows. Project 2025, or the 2025 Presidential Transition Project, can be read as a manifesto, and one that is now well on its way to being implemented. Examining it through the lens of constitution (re)making sets out some of the terms in which it could be opposed, including by counter-manifesto. Continue reading >>
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21 February 2025
Trump’s Counter-Constitution
“He who saves his Country does not violate any Law.” Continue reading >>24 January 2025
The US Supreme Court and Plutocracy
Populist authoritarianism is a global phenomenon. However, the US is the only so-called consolidated democracy where its ascent has been eased by the systematic dismantling of legal limits on campaign donations. US elections are now not only the world’s most costly, but they are also directly subject to the inordinate influence of wealthy individuals and corporations. The Supreme Court of the United States’ 2010 Citizens United v. Federal Election Commission ruling has paved the way for the emergence of so-called “super” PACS (political action committees) that, while formally barred from coordinating with candidates or parties, can accept unlimited corporate contributions. Continue reading >>26 March 2018