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At the end of the last term, the Supreme Court decided in a 7-2 opinion that the high court exercises appellate jurisdiction over the United States’ military justice system—a system it says begins at the...
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Twenty years ago, Brett Kavanaugh and I were on the team that drafted Kenneth Starr’s impeachment referral. Here’s what the Supreme Court nominee did and did not do.
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I think I am on safe ground in saying that when Brett Kavanaugh and I presented our papers at the Minnesota Law Review symposium in October 2008—his on separation of powers and mine on (of all things) ju...
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The outcome in Trump v. Hawaii should not have been much of a surprise. In December, a majority of the Supreme Court allowed the entirety of the travel ban to go into effect temporarily.
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On July 3, a federal judge in the U.S. District Court for the Southern District of New York granted Uzair Paracha's motion for a new trial in light of new evidence. Paracha, a Pakistani citizen, was conv...
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Trump v. Hawaii is about the constitutional status of pretext: When should we accept a pretext from the president and what does it take to cure or alleviate the taint of bad acts by a president once they...
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Hot on the heels of the Kennedy retirement announcement, we’ve got our special Supreme Court finale episode! This is the show for you if you would enjoy detailed and amicable debate and discussion conce...
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Oliver Wendell Holmes once said that “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.”
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The Supreme Court's decision Tuesday in Trump v. Hawaii decisively puts to bed the “preliminary injunction” round of litigation over President Trump’s travel ban. In a 5-4 decision, with the majority opi...
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On Tuesday, in a 5–4 decision, the Supreme Court upheld President Trump’s September 2017 immigration order restricting entry to the United States by nationals of eight countries, finding that the order d...
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On Friday, the Supreme Court released its opinion in Ortiz v. United States, a case in which I participated at oral argument as an amicus curiae in January of this year. In relevant part, Ortiz addressed...
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On Friday, in a 7–2 decision written by Justice Kagan, the Supreme Court held in Ortiz v. United States that Judge Martin Mitchell could simultaneously serve as a judge on the Court of Military Commissio...
