CAFE

CAFE aims to enhance public understanding of the key issues facing us today by examining the connections between law and justice and various fields such as politics, national security, business, technology, and all other facets of our society.

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Trump's Assault on Higher Education Violates the First Amendment

4 days ago | cafe.com | Erwin Chemerinsky

By Erwin ChemerinskyPresident Trump’s cutoff of funds to universities, such as Columbia and Harvard, is blatantly illegal and unconstitutional. Although it purportedly is about the failure of the universities to adequately address antisemitism on their campuses, that is a pretext being used to attack elite educational institutions.
Commandeering Through Intimidation

1 week ago | cafe.com | Rachel E. Barkow

Late last month, the Federal Bureau of Investigation arrested Milwaukee County Circuit Judge Hannah Dugan as she was walking into her courthouse. Federal prosecutors filed a criminal complaint against the judge alleging that six days prior to her arrest, on April 18, she obstructed justice in violation of 18 U.S.C. ¬ß1505, and that she concealed a person from arrest in violation of 18 U.S.C. ¬ß1071.
Bondi's DOJ Targets the Free Press

2 weeks ago | cafe.com | Barbara L. McQuade

The framers of our Constitution saw the free press as a safeguard of democracy. The Trump Administration treats it like an enemy to be tamed.¬†Last week, Attorney General Pam Bondi rescinded a Department of Justice policy that had limited prosecutors in using compulsory legal process to obtain records and information from reporters.
The Anti-Abortion Movement's Holy Grail

3 weeks ago | cafe.com | Mary Ziegler

By Mary ZieglerThe Trump Administration’s hallmark to date has been warp speed on virtually every issue, often with little regard for the Constitution. Abortion policy has been a different story.
Note from Asha: What’s the Real Quid Pro Quo with Bukele?

1 month ago | cafe.com | Asha Rangappa

Dear Reader, I suspect that as a CAFE reader, you have been following the twists and turns of the legal wrangling between the courts and the Trump administration with regard to the mistaken removal and imprisonment of Kilmar Abrego Garcia, a Maryland father and El Salvadoran national whom the government acknowledges was sent to El Salvador as a result of an “administrative error.” Despite the Supreme Court’s ruling upholding a lower court’s order that the administration “facilitate” Abrego...
Issue Brief: United States of America v. Luigi Mangione

1 month ago | cafe.com | Tamara Sepper

United States of America v. Luigi MangioneAttorney General Pam Bondi’s directive for federal prosecutors to seek the death penalty against Luigi Mangione has drawn controversy, as it was reportedly issued before the Department of Justice completed its standard capital case review process and without a recommendation from the local U.S. Attorney’s Office: SDNY. Critics argue that Bondi’s announcement raises concerns about prejudging the case and potentially tainting the jury pool.
Surrender or Fight?

1 month ago | cafe.com | Elie Honig

You‚Äôll be forgiven if your heart isn‚Äôt exactly breaking over the fate of a handful of elite law firms recently targeted by Donald Trump. So a few mega-rich corporations who help make mega-mega-rich corporations even richer stand to get a little less rich? We‚Äôve got bigger problems. But don‚Äôt skim past this one.
Note from Asha: Why the Alien Enemies Act Is So Dangerous in Trump’s Hands

1 month ago | cafe.com | Asha Rangappa

Dear Reader,On Saturday, President Trump issued an executive order invoking the Alien Enemies Act of 1798 to remove (he claims) members of the Venezuelan gang, Tren de Aragua (TdA), from the U.S. In so doing, Trump is trying to use the post 9/11 terrorism playbook for immigration.
Trump's Retribution Tour Hits the 6th Amendment

2 months ago | cafe.com | Barbara L. McQuade

Dear Reader,The right to legal counsel in all criminal prosecutions is enshrined in the¬†Sixth Amendment¬†to the Constitution. And the¬†Supreme Court¬†has interpreted that right to include the right to counsel of one‚Äôs choice. But President Donald Trump signed an¬†executive order¬†last week targeting that hallowed right.
Note from Elie: The Nation’s Most Dangerous Prosecutor

2 months ago | cafe.com | Elie Honig

Dear Reader,Let’s build from scratch our Nightmare Prosecutor, the way kids might build their ultimate villain in an interactive comic universe video game. We’ll start by sliding our subject’s prosecutorial experience rating to zero. At the same time, let’s max out his arrogance score; nothing quite like having no chops but thinking you’re Archibald Cox.