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Document: Judge Hogan Denies Habeas in Qassim v. Trump
On Tuesday, Judge Thomas Hogan of the U.S. District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. Russell Spivak summarized the joint status report... -
Barring Transfer of John Doe Temporarily: An Overview of the Majority Ruling in Doe v. Mattis
What to make of the court's split decision. -
After ATS Litigation: A FCPA for Human Rights?
The Supreme Court’s recent decision in Jesner v. Arab Bank, PLC further restricts federal private litigation to vindicate international human rights law, perhaps to a vanishing point. In retrospect, even... -
Don’t Subpoena Testimony from the President
Discussions between the president’s legal team and special counsel’s legal team about whether the president will sit down to answer questions have apparently gotten serious—serious enough that Special Co... -
Was the Supreme Court Given Accurate Information During the Travel Ban Argument?
During last Wednesday’s oral argument at the Supreme Court, Solicitor General Noel Francisco said that the president’s travel ban excludes nationals of countries that fail to provide a “minimum baseline ... -
Summary: Supreme Court Decision in Sessions v. Dimaya.
On April 17, the Supreme Court issued a 5-4 decision in Sessions v. -
Summary: Supreme Court Rules in Jesner v. Arab Bank
This Tuesday, the Supreme Court held in Jesner et al. v. Arab Bank, PLC that the federal courts are not available to aliens in actions against foreign corporations. In a 5-4 vote, with Justice Anthony K... -
What’s Really Going On in Constitution Pipeline v. New York State Department of Environmental Conservation
The interplay between the politics of a democracy and its laws can sometimes be sharply illuminated when a curtain is drawn back and the political motives behind the acts of state are revealed despite of... -
Time to Pivot? Thoughts on Jesner v. Arab Bank
Now that liability for corporations (foreign ones, at least) under the Alien Tort Statute (ATS) is off the table, the recriminations can begin. Tuesday’s Supreme Court decision in Jesner v. Arab Bank wa... -
ATS, RIP?
By now, most Lawfare readers will be aware of the issues before the Supreme Court in Jesner v. Arab Bank, which was decided yesterday. The plaintiffs/petitioners—foreign victims of overseas terrorist att... -
Document: Supreme Court Rules in Jesner v. Arab Bank
On Tuesday, the Supreme Court issued the following opinion in Jesner v. Arab Bank, which held that foreign corporations cannot be held liable under the Alien Tort Statute. -
Document: Judge Chutkan's Opinion Barring the Transfer of John Doe
On April 19, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued an opinion in Doe v. Mattis on the government's proposed transfer of John Doe. The court unsealed the opin...
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