Marty Lederman

Articles by this author:

The President Resuscitates the Entry Ban: Where Should the Court Go From Here?

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Jun 14th, 2017

Why Trump Can’t (Lawfully) Fire Mueller

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Jun 13th, 2017

More on the Effective Date of the Entry Ban and the Hawaii Injunction (Response to Will Baude)

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Jun 3rd, 2017

A simple reason to deny cert. in Trump v. IRAP: because the entry ban expires in 12 days, anyway

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Jun 2nd, 2017

Why Trump’s Disclosure to Russia (and Urging Comey to Drop the Flynn Investigation, and Various Other Actions) Could Be Unlawful

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May 17th, 2017

An Odd and (perhaps) Telling Omission in the Rosenstein Memo [UPDATED]

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May 10th, 2017

Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful

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May 9th, 2017

(Apparent) Administration Justifications for Legality of Strikes Against Syria

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Apr 8th, 2017

My discrete but important disagreement with Harold Koh on the lawfulness of the strikes on Syria

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Apr 7th, 2017

Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution

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Apr 6th, 2017

DOJ files copy of SSCI torture report with district court

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Feb 10th, 2017

Oral argument tomorrow in TRO appeal to Ninth Circuit in immigration E.O. case–but don’t be surprised if the court doesn’t reach the merits

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Feb 6th, 2017

[UPDATED: As of Feb. 6th; 6:00 p.m.] Getting a handle on the litigation challenging the seven-nation “travel ban”

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Feb 6th, 2017

Sally Yates Did the Right Thing

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Jan 31st, 2017

[UPDATED] GTMO at the End of the Obama Administration: 31 uncharged detainees remain

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Jan 19th, 2017

DOJ’s perplexing motion for reconsideration of Judge Lamberth’s retention order re: the SSCI Torture Report

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Jan 15th, 2017

Secretary Kerry’s speech on Israel and Security Council Resolution 2334

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Dec 28th, 2016

Security Council Resolution 2334, and why the U.S. abstained

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Dec 24th, 2016

Trump likely to “inherit” 27 + 4 (or 5) uncharged GTMO detainees

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Dec 20th, 2016

Thoughts on Distinction and Proportionality in the December 2016 Revision to the Law of War Manual

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Dec 19th, 2016

President Obama’s Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force [UPDATED]

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Dec 5th, 2016

Initial GTMO PRB decisions now completed, with 29 remaining uncharged and uncleared law-of-war detainees

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Nov 30th, 2016

Two lingering concerns about the forthcoming Law of War Manual amendments

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Nov 30th, 2016

Two new excellent accounts about why the torture program won’t be revived

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Nov 28th, 2016

Administration reportedly deems al Shabaab to be an “associated force” of al Qaeda

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Nov 27th, 2016

Judge Kollar-Kotelly dismisses Captain Smith’s suit

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Nov 22nd, 2016

Good news: DoD to correct proportionality sections of Law of War Manual

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Nov 14th, 2016

The JASTA veto message

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Sep 23rd, 2016

DOJ reply brief in Smith v. Obama

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Sep 16th, 2016

Does Operation Inherent Resolve set a troubling constitutional precedent?: Engaging with Goldsmith and Waxman

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Sep 12th, 2016

GTMO Update on the final 61 detainees–PRB initial review hearings (finally) completed

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Sep 8th, 2016

More on Captain Smith’s “following orders” theory of standing (and Little v. Barreme)

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Aug 22nd, 2016

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