A sharply-divide en banc Seventh Circuit Court of Appeals has handed down its opinion in Vance v. Rumsefeld, reversing a panel decision to allow a suit by American citizens alleging detention and torture...

I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...

Last Friday, a Fourth Circuit panel issued a surprising decision in Yousuf v. Samantar, in which it concluded that “officials from other countries are not entitled to foreign official immunity for jus co...

Andrew Kent of Fordham University School of Law has a challenging new essay out on whether Boumediene rights expire--arguing provocatively that they do, notwithstanding government concessions in habeas l...

[Update (11:41 a.m.

Does anyone have any idea what this is about? In March 2011, the government made classified filings in 10 cases involving high-value detainees. The filings have never become public, and I have been wond...

The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we ...

Thanks to an unexpected pair of days off, I've finally had the chance to review Judge Bates's October 19 rulings in Al-Maqaleh v. Gates ["Al-Maqaleh II"] and Hamidullah v. Obama. As readers know, these a...

Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty Inte...

Today, the U.S. Court of Appeals for the District of Columbia Circuit filed a per curiam order in the case of Bahlul v. United States, ordering the parties to file briefs addressing the implications of t...

The government has filed its brief in Hamad v. Gates, an appeal to the United States Court of Appeals for the Ninth Circuit.  Like Al-Nashiri v.