Articles by Eleanor Stratton

Trump’s Truth Social Polls

Over a Saturday morning on Truth Social, Trump posted two surveys for his followers: one workshopping a derogatory nickname for Democrats, and another floating a rebrand of Immigration and Customs Enforcement. On the surface, it is politics-as-entertainment. Underneath, it is also a live...

A Judge, Some Tapes, and the Limits of Executive Secrecy

Americans have an instinctive belief that the presidency comes with a kind of permanent curtain. Not just during a term, but forever. A sense that some conversations, some records, some embarrassing details are simply not for the rest of us. That instinct is understandable. It is also incomplete....

Can Members of Congress Trade Stocks?

Every time a headline resurfaces about a lawmaker buying or selling shares at a politically convenient moment, the same public question returns: is congressional stock trading actually legal ? Today’s news hook is a familiar one: a former House member who once brushed off the idea of a ban now...

Can a State Limit ICE? Sanctuary Laws, Federal Power, and Preemption

When headlines say the Justice Department is suing a state over “sanctuary” limits, the constitutional question is usually simpler than the politics: Can a state refuse to help ICE , and if it can, how far can it go before it starts interfering with federal law ? To be clear on the factual...

Can Courts Control a District Attorney?

District attorneys are typically elected to make hard calls that judges are not supposed to make. Who gets charged, what the charges are, whether a plea deal is offered, and whether a conviction should be defended on appeal are core prosecutorial functions. In American constitutional design, those...

What Is FISA? How Confirmation Votes and Surveillance Renewal Got Linked

FISA is one of those Washington acronyms that seems designed to stay mysterious until it suddenly becomes the headline. It stands for the Foreign Intelligence Surveillance Act , a post-Watergate and Church Committee era law that created special rules for spying in the name of national security. It...

What Is the Filibuster? Senate Rules, New States, Court Expansion, and the Save America Act

The word filibuster does not appear anywhere in the Constitution. And yet it routinely determines what the United States can and cannot do, not because it is a constitutional command, but because the Senate chose to build a supermajority gate into its own procedures. That is why a single newsy...

What Is FISA Section 702?

When surveillance makes the news, the public question is almost always the same: Can the government spy without a warrant? FISA Section 702 sits right on that nerve. It is a federal surveillance authority designed for foreign intelligence gathering, built for the reality that modern communications...

Supreme Court and Guns: Can Illegal Drug Users Possess Firearms?

The question people are asking today is simple: Can illegal drug users own firearms under federal law? The Supreme Court’s new unanimous decision makes the honest answer more complicated, but also clearer. The Court did not erase the federal ban on gun possession by “unlawful users” of...

SCOTUS Could Overturn 91-Year Precedent

There are Supreme Court cases that feel like legal housekeeping, a quiet tightening of bolts in the machinery of government. And then there are cases that threaten to move the engine itself. In the Court’s final stretch this term, the justices are staring down a set of disputes tied to President...

Juneteenth: What It Commemorates and How It Became a Federal Holiday

Juneteenth is often described as the day slavery ended in America. That is true in a moral sense, and more complicated in the historical one. What Juneteenth commemorates is specific: June 19, 1865 , when enslaved African Americans in Texas were told they were free, more than two and a half years...

The Supreme Court and the Weather-Delayed Ballot

Most election disputes are fought with spreadsheets and statutes. This one is being fought with wind, ice, and a single, stubborn fact of American geography: in parts of the United States, the mail does not move on a predictable timetable. The Supreme Court is considering a challenge that could...

The Death Row Split Between Kavanaugh and Gorsuch

Some constitutional rules look clean on paper but messy in a courtroom. The doctrine promises an orderly sequence, yet real trials move fast, objections overlap, and judges are forced to make credibility calls on the fly. When that happens, a procedural misfire can turn into the whole case: did the...

Techdirt’s Funniest Comments of the Week, and Why They Matter

There is a particular kind of comment section that does not just dunk on the news. It audits it. Techdirt tends to draw that kind of reader. People who can spot a bad incentive structure from a mile away, people who understand that “just ban it” is not an argument, and people who use humor the...

Trump Presses DOJ ‘Weaponization’ Fund After Court Block and Walkout

There are two very different ways to read a president insisting a controversial government fund should “move forward” after the Justice Department has backed away and a judge has already blocked it. One reading is political. The other is constitutional. And right now, President Donald Trump is...

The Roberts Court Won’t Stop Dismantling the Voting Rights Act

It is one thing for the Supreme Court to narrow a landmark statute in a signed opinion after full briefing, argument, and a public explanation. It is another thing entirely to do it in the dark, by unsigned order, on the emergency docket, with a few paragraphs that function like a shrug. That is...

The Visa Bulletin looks simple until you actually need it. A grid of dates. A few cryptic letters. Two different charts that do not always move together. And the quiet, unnerving truth that your place in line for a green card is not just about eligibility. It is about arithmetic, quotas, and when...

H-1B Visa Explained

The H-1B visa sits at a uniquely American intersection: business demand, immigration law, and a system built to ration opportunity through paperwork. It is the most widely recognized “specialty occupation” work visa, and it is also one of the most misunderstood. People talk about it like a...

Mail and Wire Fraud Explained

Mail fraud and wire fraud are the federal government’s legal Swiss Army knife for deception that crosses a mailbox or an internet connection. They show up in investment scams, fake invoices, corrupt contracting, bogus charities, identity theft rings, and corporate coverups. The reason is simple:...

Obstruction of Justice, Explained

In the movies, obstruction of justice usually looks like a panicked cover-up. A shredded file. A hush-money exchange. A witness who suddenly “can’t remember.” In federal court, it is less cinematic and more structural. Obstruction is not a single crime. It is a family of statutes that punish...