Experts in the News

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Harvard Law Review Blog

States of Emergencies: Part I

The fight against COVID-19 has led many countries, including liberal democracies, to take extraordinary measures that would undoubtedly be constitutionally problematic in normal times. Around the world, we have witnessed entire countries being locked-down, with mass surveillance of cellphones, suspended religious services, restricted travel, and military-enforced curfews. While these measures are widely supported by the publics in many countries, some scholars and activists have raised the alarm that these might lead to a deterioration of civil liberties and constitutional democracy long-term. Specifically, they worry that many leaders might not easily give up their newfound powers, and that civil liberty restrictions will become the new normal.
Mila Versteeg
Newsweek

How Donald Trump could reward governors who open their economies early -- or punish those who don't

However, the amount of money over which federal agencies have unfettered discretion is "relatively small," so using that tactic may not have much impact, University of Virginia Miller Center fellow Chris Lu, who served as White House cabinet secretary and as deputy labor secretary under the Obama administration, told Newsweek. That's because most federal funds distributed to states are allocated by a population-based formula. "Even if there is that kind of money available, it's such small dollars that I don't think it meaningfully makes an impact," he said.
Chris Lu
Washington Times

Biden's running mate options sparks debate

Jennifer Lawless, a political science professor at the University of Virginia, said that studies have in general shown the choice of a running mate does not make or break a campaign, but they can do something Biden needs: generate a fresh dose of enthusiasm for a White House hopeful.
Jennifer Lawless
Wall Street Journal

Yes, Trump Can Close Congress

Every president eventually reaches into a bag of tricks. Donald Trump is no different. On Wednesday he demanded that Congress adjourn so that he can make recess appointments—temporary appointments permissible when the Senate is recessed. If Congress fails to adjourn, he threatens to close it, using constitutional authority no president has ever deployed. The president has it right. And he has James Madison, the father of the Constitution, on his side.
Saikrishna Prakash
Foreign Affairs

The Next Iranian Revolution

"Regime change” is a toxic phrase in Washington. It conjures up images of the Iraq war, with the United States trapped in a quagmire of its own making. That is why those who favor a coercive U.S. approach to Iran are routinely charged with secretly supporting regime change. In response, the accused almost always deny it. They don’t want regime change, they insist: they just want the Islamic Republic’s theocrats to change their behavior.
Eric Edelman