13 June 2025
The Nondelegation Case Against Trump’s New Travel Ban
Donald Trump has imposed the second travel ban of his presidential history. Despite the enormous harm it is likely to cause, many assume there is no effective way to challenge it in court. The Supreme Court's ruling in Trump v. Hawaii (2018) – addressing Trump’s first-term “Muslim ban” – probably precludes challenges based on discriminatory intent. Nonetheless, there is an alternative path to striking down the new travel ban: the nondelegation doctrine. This doctrine sets limits to Congress’s delegation of legislative authority to the executive. Continue reading >>
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12 June 2025
Power, Profit, and Washington’s Paradox
The Trump administration has been accused of corruptly placing private financial benefit above the public interest, most recently in President Trump’s acceptance of the gift of a Boeing 747 from Qatar for his use as Air Force 1, and invitations to dinner at a private club and to a private White House tour, offered as perks for those who invested substantial sums in his Stablecoin. Although, here, the President’s self-enrichment is blatant, more troubling are his policies aimed at dismantling safeguards against corruption at home and abroad. These reveal a deep contradiction in the warring goals of those currently governing in Washington; a contradiction that may eventually burst into the open. Continue reading >>11 June 2025
Anatomy of a Liberal Fall
In Poland, just one week ago, Karol Nawrocki – a virtually unknown, PiS-backed candidate with a murky past – surprisingly defeated Rafał Trzaskowski, deputy leader of the centrist Civic Platform and mayor of Warsaw. How could such a random figure triumph over an experienced and popular politician? In this commentary, I argue that Trzaskowski’s defeat was no accident, but the latest chapter in a longer political story – one shaped by public frustration, broken promises, the emptiness of Polish liberalism, and anti-elitist sentiment present in the society. Continue reading >>
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10 June 2025
What Nawrocki’s Victory Means for Europe
On June 1st, Polish voters rendered a fateful decision in the presidential election. Karol Nawrocki narrowly defeated Rafał Trzaskowski, the pro-European mayor of Warsaw. Nawrocki’s victory carries profound implications for Poland’s domestic trajectory. Moreover, despite what some commentators have argued, the new president might also well pose a threat for the European Union. Continue reading >>03 June 2025
Trump’s Threat to Nonprofits
The administration of President Trump is threatening nonprofits with the loss of tax-exempt status in an attempt to force them to conform their activities to policies favored by that administration. The threats are based on shaky legal grounds, and nonprofits have both constitutional and statutory bases for countering them. Nevertheless, these threats are significant, especially when combined with the administration’s efforts to cut government funding for many programs operated by nonprofits. And at the same time, the U.S. Congress is considering reducing the benefits of tax-exempt status in many ways, primarily to help pay for tax cuts benefitting wealthy individuals and corporations. Continue reading >>
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03 June 2025
Slovakia’s Electoral Reform at a Crossroads
On May 21st and 22nd 2025, Prime Minister Robert Fico and Interior Minister Matúš Šutaj Eštok presented a series of proposals for substantial changes to Slovakia’s electoral system. The opposition swiftly criticized the plans as a threat to democratic governance. While the proposals differ in the severity of their constitutional and political implications, the most troubling is the significant increase in electoral deposits, which risks entrenching structural barriers to participation. In the context of Fico’s recent public rejection of liberal democracy and praise for one-party regimes, these reforms warrant close scrutiny – if not alarm. Continue reading >>30 May 2025
Another Thread in the Spider Web
On April 14, 2025, the Hungarian parliament passed the 15th Amendment to the Fundamental Law, including new provisions allowing for the suspension of citizenship. Alongside the newly introduced Citizenship Suspension Law, the framework’s vague and expansive criteria provide the government with a powerful instrument to strip political opponents of their right to vote ahead of the 2026 parliamentary election - despite official claims to the contrary. Continue reading >>
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30 May 2025
Challenging Strasbourg
Since 22 May 2025, a disquieting letter has been circulating: nine leading EU politicians are calling for “a new and open-minded conversation about the interpretation of the European Convention on Human Rights,” with particular reference to migration. The signatories seek to explore whether “the Court, in some cases, has extended the scope of the Convention on Human Rights too far compared with the original intentions behind the Convention, thus shifting the balance between the interests that should be protected.” The letter raises not only political and ethical questions but also significant legal concerns. Continue reading >>07 April 2025
Enforcing the Law of Democracy
It was a political bombshell. On Monday, 31 March 2025, Marine Le Pen, leader of the far-right party Rassemblement National (National Rally) in France, was convicted of misappropriation of public funds in the so-called “parliamentary assistants” case. The judgment is marked by an unusual degree of judicial creativity, particularly in its underlying conception of democracy, which may be understood through the lens of militant democracy. Although it does not constitute a political judgment in the traditional, partisan sense, its constitutional and symbolic significance is substantial—and the backlash it has provoked against the judiciary is a cause for concern. Continue reading >>28 March 2025
The Arrest of Istanbul’s Mayor is Textbook Lawfare
On March 19, 2025, police arrested Istanbul Mayor Ekrem İmamoğlu on corruption and terrorism charges. Four days later, on March 23, a judge ordered him to prison pending trial. İmamoğlu is not only the mayor of Istanbul, a position he has held by repeatedly defeating Erdoğan-backed candidates, but also widely regarded as the opposition’s most prominent and promising candidate to challenge Erdoğan in a presidential election. That is why the lawfare waged against him, culminating in his pre-trial detention, is broadly viewed as an attempt by the ruling party to eliminate Turkey’s rising opposition and further consolidate its one-party rule. Continue reading >>
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