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Reflections on Ortiz and the Structural Separation of Powers
On Friday, the Supreme Court released its opinion in Ortiz v. United States, a case in which I participated at oral argument as an amicus curiae in January of this year. In relevant part, Ortiz addressed... -
Summary: The Supreme Court Rules in Ortiz v. United States
On Friday, in a 7–2 decision written by Justice Kagan, the Supreme Court held in Ortiz v. United States that Judge Martin Mitchell could simultaneously serve as a judge on the Court of Military Commissio... -
Summary: The Supreme Court Rules in Carpenter v. United States
On Friday, June 22, the Supreme Court issued its much-anticipated opinion in Carpenter v. United States, holding that a warrant is required for police to access cell site location information from a cell... -
Understanding the Supreme Court’s Carpenter Decision
The Supreme Court has handed down its long-awaited decision in Carpenter v. United States. The opinion is only an hour old as I start to write this, but I wanted to offer some initial thoughts that I wil... -
Documents: Saifullah Paracha v. Donald J. Trump
The government has filed a brief in opposition before the Supreme Court regarding Saifullah Paracha's petition for a writ of certiorari over whether certain statutory restrictions regarding the release o... -
Document: Supreme Court Ruling in Ortiz v. United States
On Friday, the Supreme Court ruled in Ortiz v. United States that military judges’ service on two military courts is not in violation of the Constitution’s dual-officeholder ban. The full opinion is below. -
Document: Supreme Court Rules in Carpenter that Law Enforcement Must Seek Warrant for Cell-Site Location Information
The Supreme Court ruled on Friday in Carpenter v. United States that the acquisition of cell-site data is a Fourth Amendment search. The full opinion is below. -
Document: Judge Allows "Kill List" Lawsuit to Go Forward
Judge Rosemary Collyer of the U.S. District Court for the District of Columbia today issued a ruling that will allow a lawsuit challenging aspects of the targeted killing program to go forward. Granting ... -
Supreme Court Grants Cert in Jam v. International Finance Corporation
On May 21, the Supreme Court granted certiorari in Jam v. -
Document: Qassim Motions for En Banc Review of Habeas Denial
On Monday, Khalid Ahmed Qassim filed a motion for en banc review of Judge Thomas Hogan’s May 10 denial of a petition for habeas relief. -
Could a U.S. State Sue Russia for Election-Related Hacking Under the Supreme Court’s Original Jurisdiction?
The Senate intelligence committee has said that a small number of states had their election computer defenses breached by Russian hackers in 2016. Assume, as the report writes, that those hackers were li... -
The Four Problems With Judge Henderson’s Dissent in Doe v. Mattis
There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured...
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