Litigation
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Why Al Bahlul IV Won’t Matter
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…
Previewing Next Tuesday’s Oral Argument in “Al Bahlul IV”
Editor’s Note: This is the first post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Section 702, the Fourth Amendment, and Article III: The Muhtorov (Non-)Decision
Because of the difficulties civil litigants have encountered in challenging section 702 of the Foreign Intelligence Surveillance Act (as created by the FISA Amendments Act of 2008),…
The Legal Legacy of the NSA’s Section 215 Bulk Collection Program
Last week’s opinion in Klayman v. Obama by Judge Richard Leon dealt another, emphatic(!) blow to the constitutionality of the NSA’s bulk phone record surveillance program under…
Belhaj v. Straw: UK Supreme Court Hearing Case on UK Complicity in US Rendition and Torture
The United Kingdom Supreme Court heard arguments this week in two critical cases concerning the UK’s role in the United States’ rendition, detention, and interrogation efforts…
Judge Leon’s Poignant, Yet Pointless, Injunction in Klayman
A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the…
The Mavi Marmara Appeal: The ICC Prosecutor Wins by Losing
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Supreme Court’s Foreign “Friends”
In his new book The Court and the World, Justice Stephen Breyer acknowledges that the Supreme Court increasingly hears cases that require it to take account of law and circumstances…
Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling
Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
Section 215 and “Fruitless” (?!?) Constitutional Adjudication
This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
Safe Harbor and Reforming Section 702
Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…