Litigation
840 Articles
James Comey’s Default-Encryption Bogeyman
FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from…
Settlement of NYPD Muslim Surveillance Lawsuits: A Platform for Better Oversight
Last week, the City of New York agreed to settle two federal lawsuits challenging the NYPD’s surveillance of American Muslims, promising to reform the rules that govern how the…
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
What explains the three-year delay on the Slahi habeas petition?
As Ben Wittes notes over at Lawfare, last week Judge Royce Lamberth denied a motion by habeas petitioner Mohamedou Ould Slahi to require the Department of Defense to expedite…
A FOIA Circuit Split That the Supreme Court Needs To Resolve
On Friday, January 8, the Supreme Court will consider a petition for certiorari in EPIC v. DHS, a lawsuit by the Electronic Privacy and Information Center (EPIC) under the Freedom…
Second Circuit Denies Rehearing En Banc in Turkmen; Is Supreme Court Next?
I’ve written before both here and at MSNBC about the Second Circuit’s immensely significant June 17 decision in Turkmen v. Hasty, which recognized a cause of action…
European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance
In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass…
Cy Vance’s Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities
Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s…
The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases
These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
Counting to Six in Al Bahlul IV
I have nothing of substance to add to Marty’s excellent recap of this morning’s en banc D.C. Circuit oral argument in “Al Bahlul IV,” and agree with him entirely that…
Reflections from the en banc al Bahlul oral argument
The U.S. Court of Appeals for the D.C. Circuit, sitting en banc (absent Judge Srinivasan, who is recused) just finished hearing about 90 minutes of oral argument in the al Bahlul…
Abstention and the “Other” D.C. Circuit Military Commission Appeal
Lots of attention has been focused both here and elsewhere in recent days on tomorrow’s en banc oral argument before the D.C. Circuit in “Al Bahlul IV,” which makes a lot…