US Military
333 Articles
The U.S. Strike against Pro-Assad Forces and the 2001 AUMF
U.S. officials have said that the U.S.-led coalition in Syria struck pro-Assad forces that were advancing inside an established “de-confliction” zone and toward a military…
U.S. Strike in Syria: The (Non) Legal Issues and Lingering Questions
Officials with the Combined Joint Task Force Operation Inherent Resolve (the coalition task force organized to defeat ISIS in Syria and Iraq) have now confirmed that U.S.-led…
A Duty to Disobey?
The United States is in the midst of an uncertain era of complex global threats. Some have described the nation’s defense policy as one of “forever war.” During this…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
Veterans Day
Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, U.S. Navy, speaks with Army 2nd Lt. Brandy Mason at the III Corps Headquarters at Fort Hood, Texas, on Nov. 10, 2009. Image…
State Dep’t Legal Adviser’s Answer to “Acute Question” on US Mil. Action against Al-Shabaab
On Friday, the Legal Adviser of the State Department, Brian Egan answered questions posed to him by New York Times journalist Charlie Savage on the current reach of Congress’s…
Letter to the Editor: Suggestions for Just Security’s Questions to the Presidential Candidates
I like the idea of Just Security‘s listing questions for the presidential nominees. As you ran them again before last night’s debate, and presumably may run them at…
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,…
The MSF Airstrike Report: Better on the Facts Than on the Law
The military’s investigation of the October 2015 airstrike on the Médicins Sans Frontières (MSF) hospital in Kunduz, Afghanistan was back in the news last week thanks to highly…
A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial
Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…
Obama Shouldn’t Wait for Congress to Ensure He Leaves Behind a Clearly Defined War
Against the backdrop of a collapsing ceasefire in Syria, President Obama announced last week that he approved the deployment of an additional 250 special operations troops to Syria,…
The Fuzzy Scope of the Forever War Needs Definition
For years now, the questions of where and with whom exactly the United States is at war have been treated as somewhat academic. It’s not that they didn’t matter, but a gridlocked…