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Article II Conservatism Is Alive and Well
A brief reaction to the travel-ban litigation, and to the end of the Supreme Court’s Term generally: Article II conservatism is alive and well. Let me explain. -
The Travel Ban in the Supreme Court: Crafting a Workable Remedy
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Supreme Court to Review Immigration Executive Order
The Supreme Court announced that it will review the circuit court rulings on the immigration executive order, staying the lower courts' injunctions in part. The court will consolidate Hawaii v. Trump and... -
The Supreme Court’s Cert Grant in the Travel Ban Cases: A Guide for the Perplexed
Today the Supreme Court announced in a per curiam decision that it will hear the travel ban cases in October. But its decision granting certiorari and staying the injunctions in part is clearly by itself... -
Six Possible Options for the Supreme Court’s Review of the Travel Ban
On Monday, the Supreme Court’s tumultuous 2016 term is scheduled to draw to an end. But will it? All of the briefing in the travel ban litigation has been filed, and the cases are ready for the Court’s r... -
An Unexpected Primer: The Origination Clause and the Senate's Sanctions Bill
It's hard to imagine a legal topic further afield from national security law than the Origination Clause. -
Ziglar v. Abbasi: A Summary
Yesterday, the Supreme Court decided Ziglar v. Abbasi, an important case curbing lawsuits against former government officials for purported abuse of federal detainees. Some will view this decision as an ... -
Digital Security and Due Process
For the last several years readers of this blog have pondered the challenge of effective law enforcement across national borders in the digital realm, an exercise that often pits American law enforcement... -
A Cyber-Weapon Warhead Test
The Daily Beast has a story on “CrashOverride”, a computer program best described as transient anti-infrastructure warhead designed to disrupt the power grid. It was tested live against a Ukrainian subst... -
Consolidating the Terrorist Watchlisting Bureaucracy
President Donald Trump and his advisors have demonstrated an intense focus on “protecting the nation from foreign terrorist entry.” Although much public and media attention has justifiably centered on th... -
The Ninth Circuit’s Refugee EO Decision: Methodically Misreading the Immigration Statute
On Monday, the Ninth Circuit issued a decision that relied on statutory grounds in declining to vacate most of the preliminary injunction against President Trump’s revised refugee executive order (EO). W... -
Ninth Circuit (Mostly) Upholds the Preliminary Injunction in Hawaii v. Trump: An Overview
Yesterday the U.S. Court of Appeals of the Ninth Circuit, in a per curiam opinion, affirmed in part a preliminary injunction against the Trump administration's revised travel ban issued by a federal dist...
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