Latest in Courts & Litigation
Published by The Lawfare Institute in Cooperation With 
-
Bolton Barked at the ICC, But With How Much Bite?
In his first major speech since becoming national security adviser, John Bolton yesterday returned to one of his most enduring themes: the dangers of the International Criminal Court and, more broadly, r... -
The Trump Administration Throws Down the Gauntlet to the ICC. The Court Should Decline The Challenge.
In his speech to the Federalist Society on Monday, national security adviser John Bolton fired a broadside at the International Criminal Court, which he called “ineffective,” “unaccountable,” “deeply fla... -
National Security Adviser John Bolton Remarks to Federalist Society
National Security Adviser John Bolton delivered the following remarks to the Federalist Society on Monday. The remarks below are as prepared for delivery. “Protecting American Constitutionalism and Sov... -
Experts Testify on National Security and Executive Power at Fourth Day of Kavanaugh Hearings
During the fourth day of hearings on Judge Brett Kavanaugh's nomination to the Supreme Court, two experts testified on matters that may be of interest to Lawfare readers. Rebecca Ingber, associate profes... -
The National Security Law Podcast: A Deep Dive into the Steel Seizure Case
This week, we explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.” It’s an all-time classic regarding the separation o... -
Day 1 of Brett Kavanaugh Hearings: Documents Delayed and Documents Denied
A kerfuffle erupted in the Senate Judiciary Committee on Tuesday over the committee’s access to a series of documents from Supreme Court nominee Brett Kavanaugh’s time in the Bush White House. The confli... -
Judge Brett Kavanaugh on National Security: A Reader’s Guide
The Senate Judiciary Committee is scheduled to begin hearings Sept. 4 on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. If confirmed, Kavanaugh would replace the high court’s most fre... -
Document: Judge Tatel Issues Extended Concurrence in D.C. Circuit’s Denial of En Banc Habeas Hearing
On Tuesday, the U.S. Court of Appeals for the D.C. Circuit denied a motion for an initial en banc hearing in Qassim v. Trump. Judge David Tatel issued an extended concurrence, questioning the Circuit Cou... -
The National Security Law Podcast: Party Like It’s June 28, 2004!
It had to happen sooner or later: an actual slow week for national security law! Ugh! Well, time to make lemonade from the lemons. A slow week in NSL news means that we can take a run at a format that... -
Document: D.C. Circuit Denies Habeas Petition of Guantanamo Detainee
The U.S. Court of Appeals for the District of Colombia circuit denied the habeas petition of Guantanamo detainee Moath Hamza Ahmed al-Alawi, upholding the ruling of the U.S. District Court for the Distri... -
Carpenter and the End of Bulk Surveillance of Americans
Writing for the majority in Carpenter v. United States, Chief Justice John Roberts called the court’s momentous Fourth Amendment decision “a narrow one.” The specific holding—that a warrant is required f... -
Brett Kavanaugh: A Judicial Lamb on National Security
In considering Judge Brett Kavanaugh’s Supreme Court nomination, there are many important unknowns, including how he would treat court precedents regarding such hot topics as same-sex marriage and aborti...
Topics
