The Oath and the Office

Expert analysis on America’s constitutional crises — and the threats to democracy behind them.

By Corey Brettschneider

· Launched a year ago

Trump’s Plan to Suspend Your Right to Challenge Detention

On May 9, 2025, Stephen Miller, the White House Deputy Chief of Staff for Policy, told reporters that the Trump administration was “actively looking at…

21 hrs ago•Corey Brettschneider and John Fugelsang

How the DOJ Silences Critics Without Convicting Them

California Governor Gavin Newsom announced earlier this week that he and his wife are facing federal scrutiny, and he accused President Trump of…

Jun 18•Corey Brettschneider and John Fugelsang

Are Senate Confirmations Still Worth Anything?

Last week, President Trump nominated Todd Blanche to serve as Attorney General of the United States.

Jun 17•Corey Brettschneider and John Fugelsang

Congress Finally Pushes Back on Trump’s War

Last week, the House passed H.Con.Res.

Jun 11•Corey Brettschneider and John Fugelsang

The Next Generation of Lawyers is Fighting Back

On May 31, the New York Times reported that one in five lawyers employed by the federal government at the end of 2024 left by March of 2026.

Jun 9•Corey Brettschneider and John Fugelsang

Columns

Colorblindness and the Death of the Voting Rights Act

The Civil Rights Act of 1964 and Voting Rights Act of 1965 arguably marked the greatest strides toward democracy and equality in American history.

May 12•Corey Brettschneider and John Fugelsang

The DOJ Just Indicted The Group that Bankrupted the KKK

In late April, the Department of Justice indicted the Southern Poverty Law Center, a legal group that led the charge against white supremacy and racism…

May 5•Corey Brettschneider and John Fugelsang

The Raw Power of the Supreme Court’s Shadow Docket

Last week, the New York Times published a collection of internal memos from West Virginia v.

Apr 28•Corey Brettschneider and John Fugelsang

Trump’s Clash Tried to Use His Political Playbook Against the Pope. He failed.

Last week, Trump took on an unexpected, new figure — one who holds much more popular will than the president: the Pope.

Apr 21•Corey Brettschneider and John Fugelsang

The Oath and the Office

Expert analysis on America’s constitutional crises — and the threats to democracy behind them.