Executive Branch

Just Security’s expert authors provide analysis of the U.S. executive branch related to national security, rights, and the rule of law. Analysis and informational resources focus on the executive branch’s powers and their limits, and the actions of the president, administrative agencies, and federal officials.

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Texas and the Syrian Refugees

The Supreme Court will soon decide whether to take up United States v. Texas, a suit by 26 states challenging the deferred action program introduced by President Obama in November…
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Add Women and Stir? Women in the Military

At a midday Press Conference in the Pentagon Briefing Room, Secretary of Defense Ash Carter unexpectedly announced that that the Pentagon will open all combat jobs to women. He…
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An ISIL AUMF WTF?

Two weeks ago, the Washington Post ran a story by David Weigel about a draft Authorization for the Use of Military Force (AUMF) against ISIL being prepared by Senator Lindsey…
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Targeting Tankers — and Their Drivers — Under the Law of War (Part 2)

Leaflets dropped 45 minutes before airstrikes targeting ISIL oil tankers. Image credit: US Defense Department Editor’s Note: This is the second in a two-part post discussing…
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Targeting Tankers Under the Law of War (Part 1)

Editor’s Note: This is the first in a two-part post discussing how the law of war applies to airstrikes against oil tanker trucks. You can read Part Two here. On November…
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Reflections from the en banc al Bahlul oral argument

The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…
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Abstention and the “Other” D.C. Circuit Military Commission Appeal

Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
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We Don’t Need to Broaden Military Commissions’ Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
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Bulk Collection Under Section 215 Has Ended… What’s Next?

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…
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The President’s NDAA signing statement re: GTMO and anti-torture provisions

The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…
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Liberté, Égalité, Fraternité … Sécurité

Within a few hours of the terrorist attacks on Paris which left 130 dead and some 350 injured, President François Hollande declared a nationwide state of emergency in accordance…
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