Latest in Courts & Litigation
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The Situation: About Those Disappearing Students
Don’t call it repression. -
EDNY Opinion in Hasbajrami Undermines FISA 702
A flawed decision muddies the rules governing querying of the FISA Section 702 database. -
Lawfare Daily: The Trials of the Trump Administration, March 28
Listen to the March 28 livestream. -
Jurisdiction and Remedy in J.G.G. v. Trump
There is ample support for the D.C. Circuit’s jurisdiction in the case. But can it order the return of individuals no longer in the country? -
Rational Security: The "New Phone, Houthis?" Edition
Scott Anderson, Benjamin Wittes, and Roger Parloff talked through the most Rational Security-esque of national security news. -
Trump’s Attacks on Justice Department Independence, Then and Now
What the first Trump administration carried out slowly, the new administration is doing at once. -
No Bull: D.C. Circuit Hears Oral Argument in J.G.G. v. Trump
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Lawfare Live: Trials of the Trump Administration, March 28
Join the Lawfare team at 4 pm ET for a discussion of the litigation targeting actions from President Trump. -
The Khalil Case and the Difference Lawful Permanent Resident Status Makes
Without a clear statement from Congress signaling that this broad authority extends to LPRs, courts should hold that LPRs are beyond the provision’s scope. -
The Upcoming Court of Appeals Argument in the Alien Enemies Act Case
The discussion will revolve around jurisdiction, not contempt. -
Lawfare Daily: The Trials of the Trump Administration, March 21
Listen to the March 21 livestream. -
The Meaning of Article II and 'Executive Power' to Trump
President Trump has cited Article II to justify everything from deportations to firing civil servants—these assertions present a challenge to constitutional order.
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