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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…
European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance
In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass…
The More Things Stay the Same: Another Week of Military Commission Hearings
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…
Counting to Six in Al Bahlul IV
I have nothing of substance to add to Marty’s excellent recap of this morning’s en banc D.C. Circuit oral argument in “Al Bahlul IV,” and agree with him entirely that…
Reflections from the en banc al Bahlul oral argument
The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…
Abstention and the “Other” D.C. Circuit Military Commission Appeal
Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…
We Don’t Need to Broaden Military Commissions’ Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…
Remember Why We Have the Fourth Amendment
The Paris attacks have fueled a debate over surveillance on both sides of the Atlantic that, while not new, has reached a level of hysteria that I have not witnessed since the…
Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
No War Crime? No War Crimes Trial!
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Still Secret: Second Circuit Keeps More Drone Memos From the Public
Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…