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National Security Adviser John Bolton delivered the following remarks to the Federalist Society on Monday. The remarks below are as prepared for delivery.
“Protecting American Constitutionalism and Sov...
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During the fourth day of hearings on Judge Brett Kavanaugh's nomination to the Supreme Court, two experts testified on matters that may be of interest to Lawfare readers. Rebecca Ingber, associate profes...
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This week, we explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.” It’s an all-time classic regarding the separation o...
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A kerfuffle erupted in the Senate Judiciary Committee on Tuesday over the committee’s access to a series of documents from Supreme Court nominee Brett Kavanaugh’s time in the Bush White House. The confli...
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The Senate Judiciary Committee is scheduled to begin hearings Sept. 4 on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. If confirmed, Kavanaugh would replace the high court’s most fre...
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On Tuesday, the U.S. Court of Appeals for the D.C. Circuit denied a motion for an initial en banc hearing in Qassim v. Trump. Judge David Tatel issued an extended concurrence, questioning the Circuit Cou...
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It had to happen sooner or later: an actual slow week for national security law! Ugh! Well, time to make lemonade from the lemons. A slow week in NSL news means that we can take a run at a format that...
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The U.S. Court of Appeals for the District of Colombia circuit denied the habeas petition of Guantanamo detainee Moath Hamza Ahmed al-Alawi, upholding the ruling of the U.S. District Court for the Distri...
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Writing for the majority in Carpenter v. United States, Chief Justice John Roberts called the court’s momentous Fourth Amendment decision “a narrow one.” The specific holding—that a warrant is required f...
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In considering Judge Brett Kavanaugh’s Supreme Court nomination, there are many important unknowns, including how he would treat court precedents regarding such hot topics as same-sex marriage and aborti...
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Judge Brett Kavanaugh’s views of the Fourth Amendment have drawn significant interest following his recent nomination to the Supreme Court. This post takes a close look at Kavanaugh’s key Fourth Amendmen...
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Judge Brett Kavanaugh’s judicial record on the Guantanamo military commissions is richer and less one-sided than some analysts, including Steve Vladeck in the Washington Post, have suggested.