Supreme Court (SCOTUS)

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…

On September 16, the Fourth Circuit will hear oral argument in Warfaa v. Ali, a case brought by the Center for Justice and Accountability under the Alien Tort Statute (ATS) and…

I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…

Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…

Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…

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…

I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have…

Jack Goldsmith and I break down the case, discussing many of the questions we’ve both been blogging about, here. * * * * My posts (and a podcast) on Zivotofsky:

As I noted in my previous post, although it was unnecessary to the Court’s holding, the proposition that Zivotofsky will now stand for—in briefs, in articles, and in constitutional…

“Congress may not enact a law that directly contradicts” the President’s “formal recognition determination.”  That’s the constitutional proposition in Justice Kennedy’s…

In my previous post, I described the principles of constitutional foreign affairs authority on which almost all of the Justices agreed in Zivotofsky.  In the posts that follow,…

Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…