Latest in Courts & Litigation
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Supreme Court Rules in Patel v. Garland
The Supreme Court ruled that federal courts lack jurisdiction to review fact findings in discretionary relief cases related to immigration proceedings. -
Judge Ketanji Brown Jackson on National Security Law: A Reader’s Guide
In February, President Biden nominated Judge Ketanji Brown Jackson to the U.S. Supreme Court. We reviewed several of Jackson’s opinions to see what they might reveal about her views on issues relevant to... -
The ICC Investigates the Situation in Ukraine: Jurisdiction and Potential Implications
What are the extent and limits of the court’s jurisdiction over the conflict? -
Supreme Court Rules in FBI v. Fazaga
The Supreme Court unanimously held that the Foreign Intelligence Surveillance Act does not displace the state secrets privilege. -
Supreme Court Rules in United States v. Abu Zubaydah
The court decided that the federal government could invoke the state secrets privilege to block two CIA contractors from testifying about a Guantanamo detainee’s treatment at a CIA black site. -
How Courts Can Protect Democracy From Abuse of Emergency Powers
The Supreme Court should shift its approach to emergency powers (defined broadly to include national security) to take into account the role they can play in undermining democracy. -
Rational Security 2.0: The ‘Bloody Valentine’ Edition
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War Powers and State Sovereign Immunity in Torres v. Texas Dep’t of Public Safety
The Torres decision will not only determine if protections are available to hundreds of thousands of veterans against employment discrimination but also could have broader ramifications for the war power... -
How the U.S. Government Built the Largest System of Prior Restraint in U.S. History
The limited and informal system in place at the time of Snepp metastasized into a massive system restraining the speech of millions. -
Prepublication Review and the Quicksand Foundation of Snepp
The U.S. government’s prepublication review process is a mammoth system of prior restraint that impacts the speech of millions. What's its legal foundation? -
What the Supreme Court’s Rejection of the Employer Vaccinate-or-Test Rule Means for Biden’s Agenda
With this opinion, the court signals its willingness to scrutinize an agency’s statutory authority, even in the face of a plausible, plain reading of the statute that supports the agency’s response to th... -
Trump Loses Big on Executive Privilege
The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion.
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