political question doctrine

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The US Constitution with a gavel laid on it.

5 Big Questions in the Alien Enemies Act Litigation

Major legal issues following Chief Judge Boasberg's ordering a temporary block to the presidential proclamation.
Just Security

DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL

As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
Just Security

Fourth Circuit To Hear Abu Ghraib Political Question Doctrine Appeal

Tomorrow morning, an (as-yet-unannounced) panel of the US Court of Appeals for the Fourth Circuit will hear the (third!) appeal in Al Shimari v. CACI Premier Technology, Inc.,…
Just Security

Why Captain Smith’s suit to enforce the War Powers Resolution won’t be a big deal

Last week, Army Captain Nathan Michael Smith filed a federal court suit against President Obama, seeking a declaration that the War Powers Resolution requires the President to…
Just Security

Abu Ghraib and the Perversion of the Political Question Doctrine

I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
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