-
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...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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.
-
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...
-
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.
-
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...
-
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.
-
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...
