Alien Enemies Act
32 Articles
The Continuing Saga of Chief Judge Boasberg’s Contempt of Court Inquiry Involving Todd Blanche and Emil Bove
Options for the DC Circuit en banc in these contempt of court proceedings.
Confrontation in Court: How to Hold the Trump Administration Accountable for Violating Court Orders
Judge Schiltz’s orders in Tobay Robles v. Noem expose 96 ICE court-order violations in one month and show how forcing top officials to testify can restore the rule of law.
Five War Powers Takeaways from the Senate’s Venezuela Hearing
The Senate's hearing with Rubio offered little solace to those concerned about the use of force against Venezuela.
Fact Checking Bari Weiss: The Stated Reasons for Spiking 60 Minutes “Inside CECOT”
"If 60 Minutes had 'explained this' as Weiss described, the segment would have included false or highly misleading information."
Irreconcilable Presidential Determinations: On Tren de Aragua and the Venezuelan Government
The two determinations are mutually exclusive; it is legally impossible to maintain both simultaneously.
When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.
The Legal Fig Leaf: The US-El Salvador Detainee Diplomatic Notes
Declassified U.S.–El Salvador documents expose a shaky legal cover and continued U.S. control over detainees in CECOT, raising questions about complicity in potential abuses.
Mass Deportation Policy and the Constitution: My Testimony Before the Senate Spotlight Forum
McCord's remarks for Senate panel address the administration’s mass deportation policy and constitutional rights of citizens and noncitizens.
What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A
It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.
The Absence of “State Secrets” in US-El Salvador Agreement: On Removal and Imprisonment of Non-US Citizens
A "case cruncher" on the legal doctrine governing the state secrets privilege, and a Table containing senior government officials' public acknowledgments.
Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.
Another Abrego Garcia, and the Administration’s “Contrivance” to Keep Him in El Salvador’s Prison
Fourth Circuit rejects the government's attempt to keep a detainee very similar to Abrego Garcia in CECOT prison.