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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The Quiet Unraveling of the Kilmar Abrego Garcia Prosecution

1 day ago | cafe.com | Elie Honig

Fellow prosecutors, if you ever want to piss off a judge, I highly recommend overstating your case during the earliest phases of the litigation.
Supreme Court Upholds Ban on Transgender Care for Minors in Skrmetti

3 days ago | cafe.com | Rachel E. Barkow

Last week, the Supreme Court decided one of the most watched cases of the Term, United States v. Skrmetti, which involved a constitutional challenge to Tennessee‚Äôs ban on the use of puberty blockers or hormones for transgender minors under the Equal Protection Clause. The six-justice conservative majority on the Court allowed the law to stand, and most press attention focused on the impact of the decision for transgender children and their families.
The President’s Constitutional Power to Do Stupid Things

1 week ago | cafe.com | Elie Honig

It’s perfectly fine – at times, necessary even – to start our legal assessment with an acknowledgment that we just don’t know for sure. That’s especially true in the Trump era, as the President routinely seeks opportunities to push the outer boundaries of executive power. From his characteristically transactional perspective, why not? If he wins, great: more power. And if he loses, then it’s back to the status quo.
Who Will Run for Office?

1 week ago | cafe.com | Barbara L. McQuade

A politician’s nightmare became reality this weekend, when two Minnesota state legislators and their spouses were shot in their homes. Other current and aspiring politicians around the country must be asking themselves, is public office worth it? In the overnight hours between Friday and Saturday, a gunman posing as a police officer killed Rep. Melissa Hortman and her husband, Mark. In a separate shooting eight miles away, the same suspect critically injured Sen. John A. Hoffman and his wife, Yvette.
DOGE Case Briefs & Trump's National Guard Memo

2 weeks ago | cafe.com | Tamara Sepper

On June 6, 2025, the Supreme Court issued two orders involving the Department of Government Efficiency (DOGE). One grants DOGE immediate access to sensitive Social Security data, overturning a lower court’s injunction that had blocked access due to privacy concerns. The other temporarily halts a lower court’s order requiring DOGE to release internal records to a watchdog group.
Elie Honig: The Supreme Court Will Settle Trump’s Tariffs – But When, and How?

3 weeks ago | cafe.com | Elie Honig

When it comes to Donald Trump and the law, nothing could be more on-point than the recent saga over his tariffs: two losses, no concrete consequences (yet), chaos ahead. The only near-certainty is that the Supreme Court will settle this, eventually. When and how they’ll decide is anybody’s guess – though we’ll try, in a moment. The first ruling came from the Court of International Trade.
SCOTUS Rejects Gun Case — Case Brief: Snope v. Brown - CAFE

3 weeks ago | cafe.com | Jake Kaplan

The Supreme Court declined to review a Second Amendment challenge to a Maryland law banning semiautomatic rifles. The decision leaves in place a Fourth Circuit ruling upholding the Maryland law. Three justices indicated they would have granted review of the case—falling one justice short of the required four needed to grant certiorari (higher court review of a lower court decision). What is this case about? In 2013, Maryland passed a law banning many semiautomatic rifles, including the AR-15.
A President Above Court Orders

3 weeks ago | cafe.com | Erwin Chemerinsky

At a time when the Trump administration is violating the Constitution and federal laws in countless actions, it also is engaged in a concerted effort to undermine the only real check on its power: the federal judiciary.
Trump Tariffs Case Brief: V.O.S. Selections, Inc. v. Trump

3 weeks ago | cafe.com | Tamara Sepper

On May 28, 2025, the Court of International Trade (CIT) ruled that President Trump’s tariffs, imposed under the International Emergency Economic Powers Act (IEEPA), exceeded the President’s authority under that law, siding with small import-reliant businesses and twelve states that challenged the policy. The next day, the Administration appealed and the Federal Circuit court granted a temporary stay, allowing the tariffs to remain in effect while the appeal is considered.
Partisan Pardons

3 weeks ago | cafe.com | Rachel E. Barkow

It is exhausting trying to keep up with all the Trump threats to the rule of law. The administration employs a deliberate strategy of trying to break as many norms as possible because they know the media and the public cannot keep up with all of them. It‚Äôs Steve Bannon‚Äôs flood-the-zone tactic, and a perfect illustration of how it works is Trump‚Äôs recent slate of clemency grants.¬†In a normal administration, any number of the clemency grants given last week would have sparked a huge outcry.