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Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. LIBYA STRIKE The U.S. launched…

At the oral argument in Zivotofsky, Justice Kagan asked plaintiff’s counsel whether it would be constitutional for Congress to enact a law requiring the Secretary of State to…

Jack Goldsmith and I break down the case, discussing many of the questions we’ve both been blogging about, here. * * * * My posts (and a podcast) on Zivotofsky:

As I noted in my previous post, although it was unnecessary to the Court’s holding, the proposition that Zivotofsky will now stand for—in briefs, in articles, and in constitutional…

“Congress may not enact a law that directly contradicts” the President’s “formal recognition determination.”  That’s the constitutional proposition in Justice Kennedy’s…

I. Guantanamo and Detention  Steve Vladeck, Three Problems With Judge Brown’s Opinion in Tuaua (Sunday, June 7) Daphne Eviatar, The Senate’s Guantánamo Bill: A Wolf in…

The last time the U.S. Department of Defense published a comprehensive manual on the law of war was in 1956, when Richard Baxter set the standard.  Much has happened since then–the…

It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…

The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…

It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ and SYRIA The fight…

In my previous post, I described the principles of constitutional foreign affairs authority on which almost all of the Justices agreed in Zivotofsky.  In the posts that follow,…