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...

The presumption of regularity is an important principle that courts use in cases regarding executive discretion. However, failure to codify this principle has led to dozens of different interpretations a...

The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege.