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The Trump Administration's decision to end the Temporary Protected Status (TPS) for El Salvadorans is garnering nothing but condemnation. Typical is report by the Washington Post headlined (on line) "Tr...
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As readers are likely aware, there has finally been meaningful movement in the case of “John Doe,” an unnamed U.S. citizen who has been detained by the U.S. military in Iraq as an “enemy combatant” since...
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In a recently published article, “Taking Steel Seizure Seriously: The Iran Nuclear Agreement and the Separation of Powers,” 86 Fordham L. Rev. 1199 (2017), Steven Menashi and I question the constitutiona...
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The U.S. government has filed its response in John Doe and ACLU v. Mattis in response to the habeas filing we posted last week. You can read the full document here:
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The public has focused on the current wave of protests in Iran and how it might embolden President Donald Trump to fulfill his promise to walk away from the Iran nuclear agreement, officially known as th...
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The American Civil Liberties Union Foundation filed a brief in D.C. federal district court saying the U.S. citizen that the Defense Department is holding in military detention wants the ACLU to represent...
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The Supreme Court is scheduled to consider a cert petition in Defense Distributed v. State Department as part of its conference today. A little over a year ago, I wrote a post for Lawfare detailing the c...
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I was surprised to find in my mailbox this morning a small package from the CIA. I was even more surprised to find within it a letter to me from CIA Director Michael Pompeo himself. The contents of Pompe...
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The Ninth Circuit held on Dec. 22 that President Donald Trump’s latest executive order exceeded both his independent Article II authority and his statutory authority under the Immigration and Nationality...
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On Dec. 21, all eyes were on the Republican bill to cut taxes. Yet a bipartisan group of six senators also had their eyes on the far less sexy (but still important!) topic of election hacking. They quiet...
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Last month, the Supreme Court held argument in Carpenter v. United States, the pending case on whether the Fourth Amendment protects cell-site records. There seemed to be at least five votes sympathetic...
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On Dec. 22, the Ninth Circuit Court of Appeals ruled in Hawaii v. Trump that the September Proclamation (EO-3), indefinitely limiting immigration from certain listed countries, exceeded the President’s p...
