Category «Constitutional Law»

The Trump Administration’s Continued War Against Science, Research and Public Health Part 3

This is a follow up to two previous articles by Sabrina I. Pacifici on the Trump administration’s relentless attacks against science, medicine and public health, government sponsored data collection and reporting, climate science, free speech, and the censorship of federally funded academic research and scholarship. The rapid fire assault against the heart of our democracy stunningly continues to escalate, per the Project 2025 roadmap operationalized under the direction of Russell Vought and Stephen Miller, fracturing our public policy, governance, the economy, muzzling the education system, and eradicating our foreign policy and diplomacy. Pacifici’s article focuses on the administration’s new actions in September 2025, documenting censorship in all sectors, across agencies, universities, corporate activities and the economy.

Subjects: Civil Liberties, Climate Change, Constitutional Law, Energy, Environmental Law, Government Contracts, Health, Healthcare, Legal Research, United States Law

Unholy Counsel: Stephen Miller, the Constitution, and the Vampiric Assault on States’ Rights

In this Mostly Lawful deep dive, we’ll examine how Trump (abetted by his most ghoulish advisor, Stephen Miller – basically Trump’s Count Dracula with a law degree and a hate for due process) has clashed with legal limits and states’ prerogatives—earning sharp rebukes from courts, generals, and even some conservatives. Strap in for a journey through Trump’s federalist faceplant, with your expert legal guide Kyle K. Courtney, complete with case law, statutory showdowns, vampires, and a healthy dose of dry wit.

Subjects: Civil Liberties, Constitutional Law, Government Resources, Legal Research, United States Law

“A republic, if you can keep it” – but can the US keep it? How Trump is dismantling democracy

Christina Pagel has mapped out 69 actions that President Trump has taken in the last twelve weeks to undermine democracy, undermine the rule of law, attack enemies, suppress dissent and control information.

Subjects: Civil Liberties, Constitutional Law, Criminal Law, Free Speech, Freedom of Information, Government Resources, Legal Research, United States Law

Climate and DEI Deleted From Government Websites, Federal Workers Fired, Colleges Erase Programs, Law Firms Blackballed, Holocaust Erased, Science Research Curtailed

Since January 20, 2025 America has been catapulted into an unimaginable inflection point. Sabrina I. Pacifici chronicles ongoing seismic events that have upended America’s democracy, jeopardized our economy, financial system, national security, science and medical communities, and fractured our national identity, at home and around the world. This is a commentary, and a guide written by a law librarian and former federal employee who was the target of a similar purge by Trump in 2018, to what and who has been targeted and purged, an overview of the process used to do so, and a perspective on the impact of these sweeping, deeply damaging and likely illegal actions.

Subjects: Climate Change, Constitutional Law, CRS Reports, Cybercrime, Cybersecurity, Digital Archives, Economy, Education, Ethics, Financial System, Government Resources, Healthcare, Legal Research, Privacy, United States Law

Deferred Resignation Email to Federal Employees Issued January 28, 2025 – Daily Updates on New Actions

Effort to force federal civil service employees to resign uses format and statement Elon Musk sent to Twitter employees in 2022 asking them to pledge to being “extremely hardcore” or resign.” Agencies throughout the federal government, including the military and intelligence communities, as our global aid agency, USAID, are now in receipt of similar emails which are resignation offer letters.

Subjects: Constitutional Law, Email Security, Government Resources, Legal Research, Privacy

Trump’s Election Lawyers Must Heed Their Ethical Duties

Attorneys Stephen Marcus and Bruce Kuhlik discuss the ethical responsibilities of lawyers in the context of predicted attempts by Donald Trump and his allies to undermine the 2024 U.S. presidential election. The authors argue that lawyers considering advocating unsubstantiated claims of election fraud should learn from the disciplinary actions taken against Trump’s 2020 election lawyers, adhere to their ethical duties, and follow the example of those who refused to violate their obligations to their profession and the Constitution after the 2020 election despite significant pressure to do so.

Subjects: Congress, Constitutional Law, Election Law, Legal Research, United States Law

Jan. 6 was an example of networked incitement

The shocking events of Jan. 6, 2021, signaled a major break from the nonviolent rallies that categorized most major protests over the past few decades. What set Jan. 6 apart was the president of the United States using his cellphone to direct an attack on the Capitol, and those who stormed the Capitol being wired and ready for insurrection. Joan Donovan and her co-authors, a media and disinformation scholar, call this networked incitement: influential figures inciting large-scale political violence via social media. Networked incitement involves insurgents communicating across multiple platforms to command and coordinate mobilized social movements in the moment of action.

Subjects: Communications, Congress, Constitutional Law, Criminal Law, Government Contracts, Leadership, Legal Research, Social Media, Terrorism, United States Law

The Tech at ‘Cop Con’: Cigarette Carton Trackers, VR for School Shootings, and ‘Peacekeeper Batons’

Ese Olumhense a reporter at The Markup gives us an overview of how the International Association of Chiefs of Police brings police leadership and tech vendors together at its annual conference, where clear trends about the future of law enforcement emerged.

Subjects: AI, Civil Liberties, Constitutional Law, Criminal Law, Data Mining, Human Rights, Legal Research, Privacy

How AI could take over elections and undermine democracy

Archon Fung, Professor of Citizenship and Self-Government, Harvard Kennedy School, and Lawrence Lessig, Professor of Law and Leadership, Harvard University, pose the question: “Could organizations use artificial intelligence language models such as ChatGPT to induce voters to behave in specific ways? Sen. Josh Hawley asked OpenAI CEO Sam Altman this question in a May 16, 2023, U.S. Senate hearing on artificial intelligence. Altman replied that he was indeed concerned that some people might use language models to manipulate, persuade and engage in one-on-one interactions with voters. Altman did not elaborate, but he might have had something like this scenario in mind. Imagine that soon, political technologists develop a machine called Clogger – a political campaign in a black box. Clogger relentlessly pursues just one objective: to maximize the chances that its candidate – the campaign that buys the services of Clogger Inc. – prevails in an election. While platforms like Facebook, Twitter and YouTube use forms of AI to get users to spend more time on their sites, Clogger’s AI would have a different objective: to change people’s voting behavior.

Subjects: AI, Communications Law, Congress, Constitutional Law, KM, Legal Research, Social Media

Whistleblowers Are the Conscience of Society, Yet Suffer Gravely For Trying to Hold the Rich and Powerful Accountable For Their Sins

Lawyer, activist, author, and whistleblower Ashley Gjovik states: “I blew the whistle and was met with an experience so destructive that I did not have the words to describe what happened to me. I set out to learn if what happened to me is a known phenomenon and, if so, whether there are language and concepts to explain the experience. I found it is well studied. This article focuses on experiences like mine, where a still-employed whistleblower takes disclosures of systemic issues public due to inaction or cover-ups by the institution. This article does not intend to discount the other varieties of whistleblower experiences; instead, it seeks to explain, expose and validate the turmoil many whistleblowers in similar positions are often forced to endure alone.” Gjovik’s article is an extensively researched and documented history of major whistleblower cases in the United Stated, across sectors and decades.

Subjects: Civil Liberties, Constitutional Law, Criminal Law, Legal Research