due process
44 Articles
The Supreme Court Goes to War:
Hamdi, Padilla, and Rasul at 10
Ten years ago tomorrow, the U.S. Supreme Court handed down its first three decisions in post-September 11 terrorism cases: Hamdi v. Rumsfeld, Rumsfeld v. Padilla, and Rasul v.…
The Bigger No Fly List Problem
Yesterday, Judge Anna Brown issued her much-anticipated opinion in Latif v. Holder, in the U.S. District Court for the District of Oregon. As Jennifer Daskal explained in her excellent…
The Latest No Fly List Ruling: A Very Big Deal!
As Steve has already noted, the District Court of Oregon yesterday, in Latif v. Holder, issued a “Very Big Deal” opinion ruling that the No Fly List redress procedures violated…
Oregon District Court Holds No-Fly List Procedures Violate Due Process
Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
The Constitutional Question the Drone Memo Didn’t—and Couldn’t—Answer
Yesterday’s release of the Office of Legal Counsel’s “drone memo” (which, at some point, we should stop referring to in the singular) has provoked an understandable…
A Terrorist Watchlist Error Revealed
Last month, a federal district court for the very first time ordered the government to disclose an individual’s status on the terrorist watchlist. Jennifer Daskal described…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
The Deeper Lesson from Terrorist Expatriation Proposals
[Note: The following post is derived from remarks prepared for last Friday’s symposium on “Citizenship, Immigration and National Security After 9/11,” sponsored by the Fordham…