Litigation
848 Articles
Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 17-24)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
To Detain Lawfully or Not to Detain: Reflections on UK Supreme Court Decision in Serdar Mohammed
The United Kingdom Supreme Court recently delivered a number of high profile and long-awaited decisions, Belhaj v Straw and Rahmatullah v Ministry of Defence, and the joined appeals…
A Proposed Fix To the Microsoft Ireland Case
On Tuesday, I posted the Second Circuit’s denial of the petition for rehearing en banc in the Microsoft case and promised to write more. I have now done so (via Slate); the piece…
UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture
Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…
The UK Supreme Court’s Landmark Judgment Belhaj v. Straw: A View From the United States
On Tuesday, the Supreme Court of the United Kingdom gave its judgment in Belhaj v. Straw and Rahmatullah v. Ministry of Defence, two human rights cases brought against UK officials…
UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan
Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented…
UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention
On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
The Dangerous Implications of the Microsoft Ireland Case
Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…
Hot off the Presses: DOJ Rehearing Petition in the Microsoft Ireland Case (Full Text)
DOJ filed the attached motion tonight, seeking rehearing or reaching en banc in the Microsoft Ireland case. In the government’s words: “The [panel] Opinion has created…
Can States Legally Provide Targeting Assistance to War Criminals?
Last week, when I challenged an argument for US liability for war crimes in Yemen, I didn’t anticipate ending up on the other side of a (somewhat heated) Twitter debate with…
If the Saudi-Led Coalition is Committing War Crimes, the US is Aiding and Abetting Them
A few days ago, Ryan Goodman announced on Twitter that we should expect “a challenge to (some) critics of Defense Department support to Saudi Arabia.” Jay Shooster published…