Ninth Circuit

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Tank and soldiers shown on Mexico border

The New “National Defense Area” at the Southern Border: What You Need to Know

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
U.S. standard certificate of live birth application form next to flag and passport of USA.

Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs

Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
A smartphone with the website of Israel's NSO Group which features 'Pegasus' spyware reads, “NSO Group Developing Technology to Prevent and Investigate Terror and Crime.” The phone lies next to a small figurine of a person and their shadow.

NSO Group Loses Immunity Claim at the Ninth Circuit

In 2019, the messaging platform WhatsApp sued NSO Group, alleging that the Israeli company sent spyware through WhatsApp’s servers to approximately 1,400 mobile devises in violation…
An American flag hangs on a wall behind barbed wire.

State Secrets and the Torture of Abu Zubaydah

More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Just Security

Ninth Circuit Grants En Banc Rehearing in Posse Comitatus / Unlawful Surveillance Case

Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…
Just Security

The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule

Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
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