No-Fly List
14 Articles
Responding to the Capitol Attack: Accountability Without Overreaction
There are many indisputable facts about last week’s violent and deadly incursion into the Capitol building. It is beyond debate that the fiasco included multiple criminal acts.…
Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next
Leading expert and author of a book on the subject, Jeffrey Kahn explains what happens now that a court declared a major terrorist watchlist unconstitutional.
Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist
Expert Backgrounder on the big questions coming out of the court's ruling. The case involved US citizens. How might the ruling affect foreign nationals? What were the judge's key…
Top 10 National Security Cases to Watch in 2015
In the spirit of the annual taking stock that accompanies the change of year, I thought I would offer my take on the top ten national security cases and themes to watch in the…
A Rejoinder to Jeff Kahn on Latif and Fundamental Rights
In Jeff Kahn’s response today to my post last week about American citizens’ right not to be stranded abroad by their government, Jeff asks more about my views: “Is international…
A Reply to Margo Schlanger on Latif and Fundamental Rights
Margo Schlanger’s post on Thursday takes as its “vital point” the right of an American citizen to reenter the United States. Margo is responding to Tuesday’s news about…
The Bigger No Fly List Problem
Yesterday, Judge Anna Brown issued her much-anticipated opinion in Latif v. Holder, in the U.S. District Court for the District of Oregon. As Jennifer Daskal explained in her excellent…
The Latest No Fly List Ruling: A Very Big Deal!
As Steve has already noted, the District Court of Oregon yesterday, in Latif v. Holder, issued a “Very Big Deal” opinion ruling that the No Fly List redress procedures violated…
Oregon District Court Holds No-Fly List Procedures Violate Due Process
Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
Terrorist Watchlists and the Myth of Individual Suspicion
Jen Daskal commented last week on the revelation of a secret exception to the “reasonable suspicion” standard for adding people to the terrorist watchlist. I want to raise…
Secrets Revealed: The Government’s No Fly List Arguments Aren’t Flying
Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…
What the No Fly List Teaches Us About Big Data
Shirin beat me to the punch in her excellent discussion of the court’s order in the first-ever no fly list case to be decided on the merits (an issue I previously discussed here).…