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.

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...

The limited and informal system in place at the time of Snepp metastasized into a massive system restraining the speech of millions.

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?

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...

The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion.

On this day in 1918, the Supreme Court unanimously upheld the constitutionality of a national draft. That ruling illustrates how military powers in the Constitution have continuously adapted throughout A...

As the organizational scope of the post-9/11 armed conflict evolves, so too does the scope of military detention authority. A court’s ruling this week illustrates that it is shrinking.

In oral argument in United States v. Zubaydah, the court seemed to take seriously the government’s invocation of the state secrets privilege to protect information that seems very much in the public doma...