courts
798 Articles
The Constitutional Rubicon of an Assange Prosecution
If you were tuning in and out of FBI Director James Comey’s hearing before the House Intelligence Committee last Wednesday, you probably got an earful about Comey’s public…
Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful
Cross-posted on Take Care. In the Fourth Circuit oral argument yesterday in IRAP v. Trump, Judge Barbara Keenan put her finger on a simple, basic reason why Section 2(c) of…
“Golden Shield” Oral Arguments Today: Doe v. Cisco
A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…
Ukraine Update: the ICJ Proceedings & Options for Justice in the United States
With the Congressional hearings on Russia dominating the news, this post provides an update on proceedings before the International Court of Justice (ICJ) in the matter of Ukraine…
…and the Ninth Circuit Weighs Back in on the Original Travel Ban…
Busy night. The Ninth Circuit has released an order denying en banc rehearing of the three-judge panel decision in Washington v. Trump from last month (which, readers may recall,…
Hawai’i District Court Grants TRO of the “New” Immigration Executive Order
The 43-page ruling is here. In a nutshell, the court held that, at least at the temporary restraining order stage, a balance of the relevant factors weighed in favor of the plaintiffs…
Just Security’s Coverage of Immigration and Refugee Executive Order
I. Latest Coverage 1. Explainers and Information on Revised Executive Order of March 6, 2017 Just Security, EXCLUSIVE: Trump Administration Fact Sheets on New Executive Order…
The “Travel Ban” Executive Order as Separation-of-Powers Test Case
The White House’s March 6 executive order “Protecting the Nation From Foreign Terrorist Entry Into The United States” (the March EO or the new EO) is a telling blend…
Keeping K2 (European Human Rights Court Decision on Citizenship-Stripping) in Perspective
Yesterday, the European Court of Human Rights (ECtHR) in Strasbourg rejected as inadmissible an application by K2, a terror suspect born in Sudan but who acquired British citizenship…
European Court of Human Rights Decides UK Did Not Violate Human Rights When it Revoked Terror Suspect’s Citizenship
The European Court of Human Rights (ECHR) has ruled that there was no human rights violation in the United Kingdom’s decision to strip a terror suspect of his British citizenship…
Does Trump’s New Travel Ban Violate the Establishment Clause?
President Trump has signed a new travel ban. In some respects, the new executive order on immigration looks like the old one, which was held to be unconstitutional. So does the…
Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act
The Logan Act, a 1799 federal law that makes it a federal felony for a private person to engage in international diplomacy in a way that undermines U.S. foreign policy, has recently…