ANALYSIS

Analysis

Data-driven analysis and expert commentary on the forces shaping American governance and global strategy.

CONSTITUTIONAL LAW

The Commission Will Publish. Then the Lawsuit Will Argue Whether It Should Have.

A federal advisory commission is scheduled to release its final report around May 1. A preliminary-injunction hearing to stop it is scheduled for May 28 — 27 days later. The procedural calendar guarantees publication before any court can enjoin it. Here is what that means.

CONSTITUTIONAL LAW

The Commission Will Publish. Then the Lawsuit Will Argue Whether It Should Have.

The Religious Liberty Commission is on track to publish its final report ~May 1. The FACA preliminary-injunction hearing in Interfaith Alliance v. Trump is set for May 28. The procedural calendar guarantees publication first and litigation after. Here is what that sequence actually means.

CONSTITUTIONAL LAW

T-Minus Two. The Amicus Filings That Just Landed Tell You Who Is Watching Bennett's Courtroom.

Forty-eight hours before the permanent-injunction hearing, the amicus docket has filled in. Twenty-three briefs. Eight new since Sunday. The filing pattern is its own data point — and it tells you who the institutional stakeholders are, what arguments they want the court to hear, and which way the wind is blowing.

CONSTITUTIONAL LAW

T-Minus Three. What Hancock Has to Prove Friday — and Why the Legal Standard Has Shifted.

A permanent injunction is not a preliminary one. The standard is tougher, the record is fixed, and the plaintiff is now self-represented. Three questions will decide whether the court grants the relief, denies it, or splits the difference.

CONSTITUTIONAL LAW

Texas AG Opens Civil Probe of Religious Mediation Group. The Precedent Reaches Every Faith Tradition.

Jewish beit din, Christian biblical mediation, Catholic canon law tribunals — Americans have used faith-based dispute resolution for two centuries. A new Texas civil investigative demand treats one religion's version as an enforcement target. The precedent reaches every tradition.

CONSTITUTIONAL LAW

Texas Voucher Case: From SB 2 to Thursday's Injunction Hearing — The Dated Record

Eleven months of legislation, rulemaking, and litigation — the dated record of how Texas got from SB 2 to Thursday's federal hearing.

CONSTITUTIONAL LAW

Chip Roy Wants to Label a Nonprofit a Terrorist Organization — Without a Trial

The bill would freeze assets and criminalize donors — using the same government power conservatives once condemned against Tea Party groups.

CONSTITUTIONAL LAW

Florida's HB 1471 Lets the Governor Declare Domestic Terrorists — Without a Trial

The new law lets Florida's governor designate organizations, dissolve them, and prosecute anyone who aids them — no trial, no jury, no statutory standard beyond executive discretion.

CONSTITUTIONAL LAW

Congress Wants to Label a Nonprofit a Terrorist Entity. The IRS Did This Before.

A new bill would freeze nonprofit assets and criminalize donors — the same power the IRS abused against Tea Party groups in 2013.

CONSTITUTIONAL LAW

A Federal Court Could Block the Religious Liberty Commission's Report With Twelve Days Left

Interfaith Alliance v. Trump argues the Commission flouted the Federal Advisory Committee Act. A ruling could force withdrawal before the report publishes.

CONSTITUTIONAL LAW

7,413 Warrantless Searches. Zero Reforms. Section 702 Expires Monday.

The FBI searched Americans' communications without warrants thousands of times last year. Here's what Section 702 does and what Congress is about to decide.