As the Supreme Court hears arguments in RNC v. Barbara today, one question matters: can a President rewrite the Constitution with the stroke of a pen?
The Society for the Rule of Law says NO.
Read our amicus brief: tinyurl.com/3udjsub3
Who decides when an election is over? Federal courts shouldn't invent deadlines Congress never imposed.
Congress Should Create a Private Right of Action for Those Hurt by ICE
open.substack.com/pub/chkbal/p...
It is unfathomable and unconscionable that the families of Renee Good and Alex Pretti have no remedy for the wrongs done to them.
Congress should create a private right of action for those harmed by ICE so agents who break the rules face consequences.
@rosenzweigp.bsky.social explains:
The executive branch is choosing AI winners and losers without congressional approval or due process.
Today, a federal court considers the Anthropic ban.
But ultimately, it's Congress’s role to establish national AI policy.
SRL Board President Alan Raul explains:
Read the amicus brief here:
Justice Jackson highlighted a key point in today’s Watson v. RNC arguments: historically, casting a ballot and receiving it are not the same thing. As our amicus brief explains, Congress understood that votes could be cast on one day and received by officials later. That history matters here.
The Society for the Rule of Law Institute filed an amicus brief urging the Court to reject a ballot-receipt deadline Congress never enacted and leave that decision to lawmakers.
Read the amicus brief here:
When does a vote count: when it’s cast, or when it’s received by election officials?
Today, the Supreme Court heard that question in Watson v. RNC.
Stephen Miller cheerfully calls it "federal immunity."
A federal officer can break into your home, arrest you without probable cause, or even kill someone posing no threat. And you can't sue in any court.
The Founders never set it up this way.
Anya Bidwell on how to restore accountability.
In 2025 alone, lobbying firms disclosed $5.2 million in clemency-related payments.
The Office of the Pardon Attorney is now led by a loyalist whose motto is "No MAGA Left Behind."
Former senior House counsel Michael L. Stern on why Congress should form a select committee on pardon abuse.
Not all bad pardons are equally dangerous. Some are unwise. Some are secret. And some are corrosive, undermining the rule of law.
Appellate attorney Chris Truax explains why the pardon power is broken and what it will take to fix it.
The Society for the Rule of Law has filed an amicus brief urging the Fourth Circuit to uphold the dismissal.
The Constitution requires Senate confirmation of federal prosecutors to prevent exactly this: the use of prosecutorial power as a vehicle for personal retribution.
The Trump administration charged James Comey and Letitia James using a prosecutor it installed by bypassing the Senate confirmation process required by federal law.
A federal judge threw out the charges. Now DOJ is appealing.
"[T]he failure to condemn this is morally cowardly, but it's also politically shortsighted... The MAGA movement and the coalition that elected Donald Trump itself was pluralistic."
— @greggnunziata.bsky.social, executive director of Society for the Rule of Law
President Trump has used federal clemency to reward donors and loyalists and send political messages.
Prof. Mark Osler explains how the pardon power has lost its purpose and what can be done about it.
"A government that surveils its own citizens in the name of security becomes the very threat it claims to guard against."
Nuala O'Connor, the first Chief Privacy Officer of DHS, writes that the Trump administration's use of DHS to surveil Americans is a betrayal of the department's mission.
NEWS: The Society for the Rule of Law has filed identical amicus briefs in United States of America v. James and United States of America v. Comey, arguing that the appointment of Lindsay Halligan as U.S. Attorney undermines the rule of law and violates the Constitution.
America's time of testing has come.
Former Fourth Circuit Judge Michael Luttig on what this moment demands and why, if we find the courage to speak truth to power, America will once again be the envy of the world.
Most Americans have never heard of reconciliation, yet it shapes every major budget fight in Washington.
Robert VerBruggen, a senior fellow at the Manhattan Institute, explains how it works, why it's broken, and what a fix would look like.
Judge Luttig called it "unprecedented."
This week, the former Fourth Circuit Judge, joined by more than 175 former federal and state judges from both parties, filed an amicus brief before the Supreme Court challenging the Court's growing use of the "shadow docket."
I wrote about what we gain from the rule of law, and what we owe to it, here:
substack.com/home/post/p-...
The law cannot be seen as a loaded gun on the table.
For some, the law is just a tool for power. Treat it that way, and you undermine the system that protects everyone, left and right. @greggnunziata.bsky.social explains in Checks & Balances.
“Today it appears to many former DOJ employees and officials that the cathedral of justice is being dismantled stone by stone.”
Fmr. AG Alberto Gonzales on what it will take to restore the rule of law and regain the confidence of the American people.
"Perhaps it is too late to restore separation of powers in matters of war. But the continuing survival of our Republic as framed by our Constitution demands that we do not give up the fight..."
Our charter member Richard Bernstein makes that case in Checks & Balances.
"Is this what a military takeover of the civil justice system might look like?"
Garri Hendell, Lt. Colonel in the Pennsylvania Army National Guard, on why deputizing military lawyers for immigration enforcement is bound to fail.
"We enact criminal laws that make victims out of the very people they are enacted to save."
Matthew P. Cavedon, Director of Cato's Project on Criminal Justice, on the cruel compassion of American criminal law.
The argument of our time comes down to one question: Are we going to have the rule of law in America or not?
The rule of law requires an active defense. We're making that case in Checks & Balances, our new newsletter.
What does the Supreme Court's Tariff Judgement mean for the Rule of Law? Come watch our debrief with Ilya Somin, co-counsel in V.O.S. Selections, Inc. v. Trump, and
@greggnunziata.bsky.social.
Watch our Webinar Tomorrow, Thursday February 26th, at 11:00 AM ET.
www.youtube.com/watch?v=amda...
