Litigation
826 Articles
How to Recover a Role for Congress and the Courts in Decisions to Wage War
A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…
9/11 Case: Military Commission Convening Authority to Be Called as a Witness as to His Own Bias
W. Shane Cohen, the current judge presiding over the 9/11 case at Guantánamo Bay, has ordered the compulsion of testimony from the Office of Military Commissions’ convening…
Fear and Loathing on the Border: A First-Hand Look at the Travesty
Far from the loophole-ridden sieve described by the administration, the asylum system we saw was a Kafka-esque labyrinth designed to punish migrants who dare to exercise their…
Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next
Leading expert and author of a book on the subject, Jeffrey Kahn explains what happens now that a court declared a major terrorist watchlist unconstitutional.
Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist
Expert Backgrounder on the big questions coming out of the court's ruling. The case involved US citizens. How might the ruling affect foreign nationals? What were the judge's key…
Airbnb’s Listings in Disputed Territories: A Tortured Compromise
Under the terms of two recent court settlements, Airbnb will continue to offer rentals in Israeli settlements in occupied Palestinian territories. That reversal raises potentially…
How Congress Can Access the Legal Powers of Impeachment Without a Formal Inquiry
"It is safe to say the House is already well within the zone of its impeachment powers and may exercise the necessary and proper authorities that come with that power to investigate…
The National Security Delegation Conundrum
The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…
Understanding the Decision to Revive the Sudanese Genocide Lawsuit Against BNP Paribas
The Second Circuit Court of Appeals recently ruled that a lawsuit brought by victims of genocide in Sudan against the French mega-bank can proceed.
An Emergency or Business as Usual? Huawei and Trump’s Emergency Powers
Should the emergency declaration be used purely as leverage in a trade war, it would clearly be an abuse of the intent of emergency powers.
Why the Fight for the Supreme Court Became So Ugly
In a new documentary, called “Supreme Revenge,” airing Tuesday night on PBS, FRONTLINE goes back decades to tell the story of how the Supreme Court confirmation process has…