Litigation
826 Articles
The Real-Life Consequences of the (Now Lawful) Travel Ban
This is how the third version of Trump’s travel ban, the one that the Supreme Court says is lawful, affects one person. One American. One family. As an immigration lawyer,…
What Makes the Lawsuit against Trump’s Foundation Very Different
Last week, the New York Supreme Court set an October date to hear motions in state attorney general Barbara Underwood’s civil suit against Donald Trump, his eldest children,…
Trump v. Hawaii: Korematsu’s Ghost and National Security Masquerades
The travel ban represents only the most prominent Trump administration policy that, in Justice Sonia Sotomayor’s words, “now masquerades behind a façade of national-security…
Tragedy of Errors: The Solicitor General, the Supreme Court and the Truth
The Office of the Solicitor General found itself in the position of defending an Executive Order targeting a broad group of individuals whom, the president claimed, should be subject…
Gina Haspel’s Nomination to Head the CIA: Why the Controversy & What is at Stake?
The Senate has recently confirmed Mike Pompeo to be Secretary of State, after Senator Rand Paul (R-KY) dropped his objections and several Democrats indicated that they would support…
Jesner v. Arab Bank: The Supreme Court Preserves the Possibility of Human Rights Suits Against U.S. Corporations
Unpacking the Supreme Court's decision: There's still room for international human rights suits against US companies under Alien Tort Statute.
A Tale of Two Branches at Today’s Oral Arguments in the Travel Ban 3.0 Case
Sitting in the packed courtroom for today’s Supreme Court argument in Trump v. Hawaii, our own Joshua Geltzer was reminded of watching a movie in which the plots for two main…
Evidence Unsealed in Colvin v. Syria
Media are reporting another chemical weapon attack in Syria (a summary of prior attacks is here). Notwithstanding these breaches of an indisputable international law rule, there…
Gina Haspel, Torture, and the ProPublica Correction
ProPublica’s comprehensive correction to significant portions of its earlier reporting on Gina Haspel, President Donald Trump’s recent nominee for CIA Director, provided an…
UN Working Group: Indefinite Detention of Gitmo Detainee Violates Human Rights Law
The Jan. 24 findings of the UN Working Group on Arbitrary Detention conclude that the continued detention of Ammar al Baluchi at Guantanamo Bay is arbitrary, discriminatory, and…
Why the CLOUD Act is Good for Privacy and Human Rights
Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…
More Trouble for Undocumented Immigrants and the Suspension Clause
Back in August 2016, I wrote a lengthy post about the Third Circuit’s decision in Castro v. Department of Homeland Security, which held that recently-arrived undocumented…