The Constitution forbids the Trump administration from allocating federal resources needed in the fight against the coronavirus to states based on politics or patronage.
Erica Newland is Counsel at Protect Democracy. Before joining Protect Democracy, she served as an Attorney Adviser at the Office of Legal Counsel in the Department of Justice. Erica has also worked at the Center for Democracy & Technology, the National Security Division at the Department of Justice, the Senate Judiciary Committee, and the State Department's Office of Democracy, Human Rights, and Labor. Erica received her J.D. from Yale Law School, and she clerked for the Honorable Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit.
Subscribe to this Lawfare contributor via RSS.
If the president tries to force states to prematurely ease social distancing restrictions, they should resist. They have the Constitution on their side, and they will almost certainly win in court.
Congress has told the Trump administration that it has to produce a public war powers report by March 1. And if that doesn’t happen, private citizens can now sue over it.
In July, as the country rounded out Donald Trump’s 30th month as president, sirens blared about the integrity of the 2020 presidential elections. The Senate Intelligence Committee issued a new report on “Russian efforts against election infrastructure” detailing “extensive” Russian activity “against U.S.