Latest in Courts & Litigation
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Four Thoughts on the Briefing in Carpenter v. United States
The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies to government collection of historical cell-site records. I wrote an amicus... -
Deference and Foreign Law in In re Vitamin C
On Tuesday Nov. 14, the Solicitor General filed a brief urging the Supreme Court to grant certiorari in In re Vitamin C Antitrust Litigation, an international antitrust case that raises important questio... -
Document: Col. Vance Spath Memorandum of Opposition
On Friday, military judge Col. Vance Spath filed a memorandum of opposition to plaintiff Brig. Gen. John G. Baker’s petition for writ of habeas corpus. You can view the full document here: -
Justice Gorsuch is Right: Jesner and the Original Meaning of the Alien Tort Statute
On Oct. 11, the Supreme Court heard arguments in Jesner v. Arab Bank. Jesner involves whether the Alien Tort Statute (ATS) allows federal courts to exercise jurisdiction over claims by aliens against cor... -
A Primer on Microsoft Ireland, the Supreme Court’s Extraterritorial Warrant Case
The Supreme Court announced this morning that it will grant the Department of Justice’s petition for a writ of certiorari in its dispute with Microsoft over access to emails stored on the company’s Irish... -
Jesner v. Arab Bank: The Supreme Court Should Not Miss the Opportunity to Clarify the “Touch and Concern” Test
In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that the Alien Tort Statute (ATS) is presumed not to apply to conduct on the territory of another country unless the plaintiff’s claims “touch a... -
Amicus Brief Filed in Support of Respondent in Carpenter vs. U.S.
Orin Kerr, professor at George Washington University Law School, filed an amicus brief today in support of the respondent in Carpenter vs. U.S. The brief, which may be of interest to Lawfare readers, is ... -
Government Files Response Brief in Carpenter v. US
Yesterday, the government filed a response brief in Carpenter v. United States, arguing that the Sixth Circuit Court of Appeals decision holding that the government's acquisition of cell phone records di... -
Reply Brief Filed on Cert in Al Bahlul
Yesterday, Ali Hamza Al Bahlul filed his reply brief on cert in Bahlul v. U.S., which challenges the retroactive designation of conspiracy as a war crime in military commissions. Here's the brief: -
Summary of Judge Cooper's Opinion on Motion in Limine in United States v. Abu Khatallah
On September 7, U.S. District Judge Christopher R. Cooper of the District of Columbia issued an opinion in the case of United States v. Abu Khatallah, granting in part and denying in part the Government’... -
Government Brief Opposes Bahlul Cert Petition
The Justice Department filed a brief on Wednesday opposing the cert petition in Bahlul v. United States. Counsel for Ali Hamza Suliman al Bahlul filed the cert petition in March to seek review of an Octo... -
Federal Prosecution is a Viable Option for Enemy Combatants
Last Thursday at the Aspen Security Forum—an annual gathering of current and former government policymakers, foreign officials, foreign policy experts, and journalists hosted by the Aspen Institute—Assis...
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