David Cole is the National Legal Director of the ACLU and the Honorable George J. Mitchell Professor in Law and Public Policy at the Georgetown University Law Center.
 (February 2017)


After Dallas

A prayer vigil following the shooting of five police officers, Dallas, Texas, July 8, 2016

It is the “war” on crime itself that is most to blame. More than any other nation in the world, we turn to the state-sanctioned compulsion of the criminal justice system to “solve” social problems. Our “first responders” are too often the police, bearing handcuffs and guns rather than public assistance or life support.

The Terror of Our Guns

An AR-15 rifle, an assault weapon similar to the one used by Omar Mateen in the June 12 shooting in Orlando, on display at the National Rifle Association’s annual meeting, Louisville, Kentucky, May 20, 2016

The Gunning of America: Business and the Making of American Gun Culture

by Pamela Haag

Guns Across America: Reconciling Gun Rules and Rights

by Robert J. Spitzer
The long tradition of gun regulations almost certainly means that the Supreme Court will not construe the Second Amendment to invalidate most gun laws on the books today, but that simply leaves the matter to the political process, where the NRA is plainly winning. If history is any guide, it will succeed in thwarting any new gun control initiative prompted by the Orlando massacre.


Trump Is Violating the Constitution

Donald Trump just before he was sworn in as president of the United States, Capitol Hill, January 20, 2017
The president of the United States is supposed to serve the American people, not himself, and certainly not the interests of foreign states. President Trump chose to seek this office, and this responsibility. He is trying to have it both ways, serving himself, his family, and his far-flung business interests while simultaneously making foreign and domestic policy decisions that will inevitably have direct effects on his personal holdings. That way lies scandal, corruption, and illegitimacy.

What James Comey Did

A Trump supporter at a campaign rally in Golden, Colorado, October 2016
Whatever else one might say about the just-concluded 2016 presidential election, one thing is certain: FBI Director James Comey played an outsized and exceptionally inappropriate part. His highly prejudicial announcement on October 28, just eleven days before the election, that he had reopened an investigation into Hillary Clinton’s private e-mail server ensured that the final critical days of the campaign were taken up with innuendos and suppositions set off by his action.

How Voting Rights Are Being Rigged

Voters waiting in line to cast early ballots, Cleveland, Ohio, November 2012

Give Us the Ballot: The Modern Struggle for Voting Rights in America

by Ari Berman

The Great Suppression: Voting Rights, Corporate Cash, and the Conservative Assault on Democracy

by Zachary Roth
The United States has long been a democracy divided by race. We are committed in theory to the principle of “one person, one vote,” but in practice our nation has exploited and tolerated deep, structural racial oppression, from slavery to Jim Crow to today’s racial profiling, residential and educational segregation, and red-lining.


Trump in Court

High school students protesting Trump's travel ban at Foley Square, New York, February 7, 2017

The overwhelming rejection of Trump’s travel ban by the courts and by the American public has been triggered by an order directed at foreign nationals, not US citizens. It wasn’t our rights that were at stake, but their rights. If this is what measures aimed at foreigners trigger, imagine what will happen if and when he issues an executive order that infringes on any Americans’ rights.

Five Questions for Jeff Sessions

Senator Jeff Sessions, with Senators John Cornyn and Mark Pryor, July 25, 2006

As a matter of longstanding policy, the ACLU does not take positions supporting or opposing nominees for office, and as a result it rarely testifies in confirmation hearings. But we are sufficiently concerned about Sessions’s record that we have elected to depart from our usual practice and speak out—not to oppose the nomination, but to insist that the many questions about Sessions’s record must be answered before the Senate votes on his nomination for attorney general.

The Way to Stop Trump

Senator John McCain (right) with fellow senators Lindsey Graham, Joe Lieberman, and Scott Brown, introducing legislation to refine the Detainee Treatment Act of 2005, Washington, DC, March 10, 2011

Will Trump be able to put in place all the worst ideas he tossed out so cavalierly on the campaign trail? Building a wall; banning and deporting Muslims; ending Obamacare; reneging on climate change treaty responsibilities; expanding libel law; criminalizing abortion; jailing his political opponents; supporting aggressive stop-and-frisk policing; reviving mass surveillance and torture? Whether Trump will actually try to implement his proposed plans, and more importantly, whether he will succeed if he does try, lies as much in our hands as in his.

Comey Breaks the Rules

FBI director James Comey, Washington, DC, July 7, 2016

FBI director James Comey prides himself on being independent. But “independence” doesn’t excuse not following the rules. By elevating his own concerns about his personal reputation above the rules, Comey will forever be remembered as the FBI director who abused the power of his office to interfere in an imminent presidential election.