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What the Supreme Court’s Rejection of the Employer Vaccinate-or-Test Rule Means for Biden’s Agenda
With this opinion, the court signals its willingness to scrutinize an agency’s statutory authority, even in the face of a plausible, plain reading of the statute that supports the agency’s response to th... -
Trump Loses Big on Executive Privilege
The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion. -
Remembering the Selective Draft Law Cases
On this day in 1918, the Supreme Court unanimously upheld the constitutionality of a national draft. That ruling illustrates how military powers in the Constitution have continuously adapted throughout A... -
Justices Gorsuch and Sotomayor Dissent From the Supreme Court’s Denial of Cert in ACLU v. United States
The Supreme Court declined to review a request from the ACLU for access to court records from the FISC and the FISCR. -
Guantanamo, the Courts and the Shrinking Scope of U.S. Military Detention Authority
As the organizational scope of the post-9/11 armed conflict evolves, so too does the scope of military detention authority. A court’s ruling this week illustrates that it is shrinking. -
When Is a State Secret Not a Secret?
In oral argument in United States v. Zubaydah, the court seemed to take seriously the government’s invocation of the state secrets privilege to protect information that seems very much in the public doma... -
The National Security Law Podcast: The Witness Who Became a Meme
The latest episode of the National Security Law Podcast -
A History, Taxonomy and Qualified Defense of the Presumption of Regularity
The presumption of regularity is an important principle that courts use in cases regarding executive discretion. However, failure to codify this principle has led to dozens of different interpretations a... -
Fourth Circuit Rejects Wikimedia’s Suit Against the NSA on Secrecy Grounds
The Wikimedia Foundation, which runs Wikipedia, claimed that the NSA’s “Upstream” surveillance program captures its international communications and is a violation of its First Amendment free-speech righ... -
Supreme Court to Hear State Secrets Case on FBI Surveillance
The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege. -
DNI Haines Asserts State Secrets Privilege in Civil Lawsuit Involving Saudi Arabia
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The Courts Restore the 'Remain in Mexico' Program: An End to Judicial Deference?
The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comp...
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