Litigation

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The Immigration Registration Trap Goes Live

When a court finally addresses the merits of the rule, there are strong procedural and substantive grounds to challenge its implementation.
Signage for US broadcaster Voice of America is seen in Washington, DC

Unpacking the Voice of America Litigation

Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.
Drafting the Declaration of Independence in Antique Illustration (Getty Images)

No, the President Cannot Issue Bills of Attainder

Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.
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The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision

The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…
The departure statement in the Wong Kim Ark case, on yellowed paper.

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The departure statement in the Wong Kim Ark case, on yellowed paper.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
A man with tattoos on his arms is handcuffed behind his back.

The Missing Due Process for Gang Allegations

There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.
Palestinians flee with their belongings Beit Lahia in the northern Gaza Strip

“In the Event of Extreme Urgency”: The International Court of Justice Must Indicate New Provisional Measures to Protect Civilians in Gaza

Authors argue the ICJ must direct Israel to halt the current course of the military campaign in Gaza before too late.
black and white image of the sworn statement of witnesses verifying the departure statement of Wong Kim Ark

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment

A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
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The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security

A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.

The Racial Twist in Trump’s Cutoff of Refugee Admissions

A case that prompted a court injunction helps show executive orders on refugee resettlement and on South Africa are egregious and unlawful.
From left to right, standing in the back row are Lewis F. Powell, Thurgood Marshall, Harry Blackmun, and William Rehnquist

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case

I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.
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