Authorization for Use of Military Force (AUMF)
258 Articles
5 Key NDAA Amendments to Watch For
Congress is considering the National Defense Authorization Act this week, and several proposed amendments in the House to this annual authorization bill would have significant…
Are AQAP Domestic Insurgents in Yemen Covered by the AUMF?
According to Dan Klaidman’s excellent book, President Obama and John Brennan drew a red line in 2011: The United States would target members of Al Qaeda in the Arabian Peninsula…
Petition denied in Hedges
The Supreme Court this morning unsurprisingly, and without comment, denied the petition for certiorari in Hedges v. Obama, No. 13-758. The plaintiffs in Hedges challenged the…
Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein
A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
Hussain and AUMF Repeal
In light of the ongoing discussion regarding Justice Breyer’s interesting statement regarding denial of certiorari in Hussain, I thought I’d flag a separate, but related,…
Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?
Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…
Letter to the Editor from Gabor Rona, On Justice Breyer’s Concurrence in Hussain
If Justice Breyer’s statement is a sign that the Supreme Court may now be willing to wrest its “war on terror” role back from the DC Circuit, it may be due…
Ongoing “Drone Strikes” in Yemen Raise Four Questions
From Saturday to Monday morning, the US has reportedly been carrying out a series of air strikes in Yemen, delivering multiple blows to Al Qaeda in the Arabian Peninsula (AQAP).…
Justice Breyer’s Concurrence in Hussain
As Marty predicted back in March, the Supreme Court’s denial of certiorari this morning in the latest Guantánamo case to reach the Court–Hussain v. Obama–came…
GTMO Case to Watch in the Supreme Court [UPDATED]
The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638. The Court will consider the case for the fourth…
Lethal Targeting of US Citizens: AP Report Raises More Questions Than Answers
In a highly provocative piece this morning, Kimberly Dozier writes that the Obama administration is weighing another drone strike against a U.S. citizen. That is obviously a…
U.S. Operations Against al-Shabaab/al-Qaeda: The Targeting of Godane
As Sarah Knuckey’s post explains, CNN is reporting that the latest US drone strike in Somalia targeted Ahmed Abdi Godane, the leader of Al-Shabaab. Sarah asks whether the strike…