In light of the Supreme Court's grant of certiorari yesterday to review the Second Circuit's decision in Clapper v. Amnesty International, I thought I'd put together a background post trying to explain w...

Dozens of scholars have written a letter to complain about the constitutional basis for President Obama to ratify the Anti-Counterfeiting Trade Agreement (ACTA).  ACTA, for those who don’t know, is a con...

Last week Paul outlined his case against regulation of cybersecurity for Critical Infrastructure (CI).  He promises more analysis to come, but I wanted to post a few responses now, for while I don’t love...

Ben noted the non-action on the cert. petitions in the Guantanamo cases (which probably means either that the Justices aren't sure what to do, or that someone is publishing a dissent from the decision to...

The Supreme Court orders list just came down, and there appears to have been no cert action on any of the Guantanamo cases on which cert decisions were expected.

Amidst all the discussion of whether and how to amend the House NDAA bill to address domestic captures, I am amazed that I did not notice the Rooney Amendment, which has been adopted.  What does it do?  ...

You want it? You've got it.

The Hill's Defcon blog has the scoop: in votes today regarding the rules for detention under the FY2013 NDAA, the House rejected the Smith-Amash amendment in a 238-182 largely party-line vote (19 Democra...

So asks Judge James Pohl,  in an order he reportedly issued yesterday in United States v.

Over at the Empty Wheel blog, The Estimable Ms.

In my post this morning on Hedges, I wondered whether government counsel had made the court aware of the Obama administration's strong position against military detention for citizens and for anyone capt...

By now you've gotten the lowdown - from Steve, Bobby, Ben or from some or all of them - about yesterday's puzzling decision in Hedges v.

My friend, Jack Goldsmith, wonders whether my earlier post about the pending Congressional proposal to regulate cybersecurity was a reference to General Alexander’s failure to persuade Senator McCain of ...

As Raffaela noted earlier, Atlantic blogger Conor Friedersdorf has written in praise (sort of) of conservative columnist Charles Krauthammer for the latter’s opposition to domestic drones. I would consid...