The legal issues – domestic and international – of a possible U.S. military intervention in Libya are pretty straightforward, and we shall discuss them in due course if an intervention comes to pass.  Me...

My friend Steve Walt weighs in against media patriotism.  But he gives the game away, I think, when he says: “There are undoubtedly some narrow circumstances when a patriotic journalist should decline to...

The meme has been floating about for some time: the D.C. Circuit--and, particularly, the evil Judge A. Raymond Randolph--is subverting habeas, fighting a rear-guard action against the rule of law, and tu...

At Monday's Brookings event on judicial nominations, Chief Judge Royce Lamberth of the D.C. District Court offered a few thoughts on the impact of judicial vacancies on the D.C.

In his thoughtful critique of Jack and my recent statements, Ken Jost makes three distinct points that are each worthy of consideration. I will address them in turn. First, he writes, "The supposed dile...

Glenn Greenwald has an interesting response to my post on the patriotism of American media, but he exaggerates the significance of the media’s patriotic bent, and he misses some important points. To beg...

Kenneth Jost of CQ Press and the Jost on Justice blog critiques Jack and me for our suggestions that it's time for President Obama to embrace Guantanamo: In a controversy with national security hawks on ...

Speaking of Al Warafi, I promised after the oral argument a few weeks back that I would reality-check my summary of the argument on a key point against the transcript of the argument when one became avai...

Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I in...

In its story last week about the ties between the CIA and Raymond Davis, the American recently arrested in Pakistan, the New York Times offered this explanation for why it sat on the story: The New York ...