Illinois Law professors Lesley M. Wexler and Anthony Ghiotto discuss the unprecedented removal of top military legal advisors (TJAGs) by the Trump administration and its potential consequences for military legal independence, the rule of law, and democratic governance. Professors Wexler and Ghiotto argue that these firings undermine the TJAGs’ role as independent legal advisors, threaten adherence to military justice and international law, and could either facilitate unlawful actions or create a chilling effect on military lawyers, potentially threatening democracy and national defense.
Illinois Law professor Lesley M. Wexler analyzes potential changes to military inclusion policies under an imminent Trump administration, specifically examining proposed rollbacks of “woke” policies regarding women in combat roles and LGBTQIA+ service members, while exploring the legal and constitutional framework around such changes. Professor Wexler argues that while there are few legal barriers to reversing current inclusive policies, alternative approaches like gender-neutral fitness testing could address stated operational concerns without requiring complete exclusion of these groups.
Cornell professor Joseph Margulies compares the costs of United States military operations in Afghanistan, Iraq, Syria, and elsewhere, with what that same amount of money could accomplish at home. Professor Margulies points out that necessary investments like cleaning up toxic waste, replacing lead pipes and service lines, and fixing “structurally deficient” bridges cost a fraction of what the country has spent (and will spend) on unnecessary military operations worldwide.
Cornell law professor Michael C. Dorf comments on a recent decision by a federal district court judge in Texas declaring unconstitutional the US’s male-only military draft. Dorf points out that the judge’s decision defies the Supreme Court’s admonition that federal court judges should follow even outdated Supreme Court precedents, “leaving to th[at] Court the prerogative of overruling its own decisions” and considers whether there is any other reason that admonition should not apply.
Illinois Law professor Lesley Wexler explains why the U.S. military would benefit from strengthening its pro-dignity and anti-discrimination norms, rather than implementing divisive discriminatory policies such as President Trump’s recent tweet regarding transgender service members. Wexler points to concrete ways inclusivity fortifies the military and calls upon leadership to embrace inclusive policies.
