Bivens Suit

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Just Security

Justice Garland and National Security Accountability: What’s Missing from the Dueling Guantánamo Accounts

Not surprisingly, folks looking for interesting things to say about Chief Judge (and Supreme Court nominee) Merrick Garland’s jurisprudence during his 19-year tenure on the…
Just Security

Second Circuit Denies Rehearing En Banc in Turkmen; Is Supreme Court Next?

I’ve written before both here and at MSNBC about the Second Circuit’s immensely significant June 17 decision in Turkmen v. Hasty, which recognized a cause of action…
Just Security

Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup

I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have…
Just Security

Meshal: The Last, Best Hope for National Security Bivens Claims?

Last Friday, Judge Sullivan (D.D.C.) dismissed Meshal v. Higgenbotham, a long-outstanding Bivens suit brought by a U.S. citizen who alleged that, while travelling in the Horn…
Just Security

Another (Dubious) Guantánamo Precedent

As Wells Bennett flagged over at Lawfare, the D.C. Circuit’s latest foray into the Guantánamo detainee litigation came two weeks ago in Al-Janko v. Gates, in which a…
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