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When Does a Carpenter Search Start—and When Does It Stop?
The Supreme Court’s recent decision in Carpenter v. United States raises lots of fascinating and novel Fourth Amendment questions. In this post I want to focus on one interesting and important set of qu... -
Reflections on the Travel Ban Case and the Constitutional Status of Pretext
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... -
From the Travel Ban to Family Separations: Malevolence, Incompetence, Carelessness
As the chaos unspooled from President Trump’s executive order on family separations, a conventional wisdom quickly emerged: This order was an echo of the very first executive order of Trump’s presidency—... -
Five Unanswered Questions From Trump v. Hawaii
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. -
How Anti-Muslim Animus Undermines Years of U.S. Law Enforcement Efforts to Build Relations
Even before the Supreme Court upheld the Trump administration’s travel ban, trust in law enforcement was eroding—and reaching a nadir—among American Muslims. Many view this administration’s policies as a... -
Document: Lawsuit Argues FOSTA is Unconstitutional
The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), on behalf of two human rights... -
Livestream: Rosenstein and Wray Testify on Clinton Email Investigation Report
Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray will testify before the House Judiciary Committee on the inspector general's June 14 report on the FBI and Justice Department’s ha... -
The National Security Law Podcast: SCOTUS-palooza
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... -
Carpenter v. United States and the Law of the Chancellor’s Foot
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.” -
Document: Federal Judge Orders Government to Reunite Families
Judge Dana Sabraw of the U.S. District Court for the Southern District of California granted a request for an injunction on behalf of a class of immigrants whose children were separated from them by the ... -
Does Carpenter Revolutionize the Law of Subpoenas?
The Supreme Court’s decision in Carpenter v. United States has lots of new directions in it. One direction that some commentators have focused on is its impact on the law of subpoenas. -
Trump’s Travel Ban at the Supreme Court: Deference Joined by Nudges Toward Civility
As I expected, the Supreme Court has upheld President Trump’s travel ban (EO-3).
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