Supreme Court (SCOTUS)

Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.

“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."

The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.

The plaintiffs have a strong argument that a 2005 immunity law does not prohibit some of their claims.

"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."

The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…

In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…

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…

Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…

The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…

Why introducing a term limit or a mandatory retirement age for Supreme Court justices is needed.

Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…