2001 AUMF
76 Articles
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
State Dep’t Legal Adviser’s Answer to “Acute Question” on US Mil. Action against Al-Shabaab
On Friday, the Legal Adviser of the State Department, Brian Egan answered questions posed to him by New York Times journalist Charlie Savage on the current reach of Congress’s…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
Obama Shouldn’t Wait for Congress to Ensure He Leaves Behind a Clearly Defined War
Against the backdrop of a collapsing ceasefire in Syria, President Obama announced last week that he approved the deployment of an additional 250 special operations troops to Syria,…
The Fuzzy Scope of the Forever War Needs Definition
For years now, the questions of where and with whom exactly the United States is at war have been treated as somewhat academic. It’s not that they didn’t matter, but a gridlocked…
The Irresponsible Institutional Politics of an “Election Year”
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…
The Schiff AUMF: It’s even better than that
I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
Congress: Troops to Syria Means It’s Time (Finally) to Act
News that the United States has sent its first — albeit “fewer than 50” — troops to fight ISIS in Syria highlights once again the need for a new authorization to use military…
Letters to the Editor on End-of-War Claims from Guantánamo Detainees
My post from last Thursday has provoked a pair of letters-to-the-editor from lawyers for current and former Guantánamo detainees. Below the fold, I reprint them in full, and…
Has the Government Conceded that Courts Can Review Detainees’ End-of-War Claims?
The first article I published after law school was a little piece in the January 2006 issue of the Journal of National Security Law & Policy, focusing on the then-hypothetical…
Further thoughts on the Preston ASIL speech
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…