President Trump today signed three new executive orders related to law enforcement activity: "Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Traff...

Today’s 9th Circuit decision is a bit less of a big deal than it will play in the press tomorrow; it will play big both because of the high stakes of the current litigation and because of some rhetorical...

Staying a Temporary Restraining Order (TRO) is an arcane subject that took on new urgency Tuesday at the Ninth Circuit thanks to President Trump’s Refugee Executive Order (EO). The court heard oral argum...

The other day, Benjamin Wittes and Will McCants questioned whether the Trump administration could lawfully designate the Muslim Brotherhood as a Foreign Terrorist Organization (“FTO”). In the days since ...

Writing for the New York Times in December 2015, Peter Spiro argued that candidate Trump’s proposed religious-based immigration ban—although reprehensible—may pass constitutional muster because of the co...

This post is an outline of a few thoughts (written quickly, so please read accordingly) on making national security arguments, following the government's oral argument made last evening in State of Washi...

The U.S. Court of Appeals for the Ninth Circuit heard oral argument today in Washington v. Trump, regarding the State of Washington's challenge to the president's executive order banning refugees and imm...

A little more than a week ago, Benjamin Wittes posted a piece about the malevolence and incompetence of Trump’s Executive Order on visas and refugees—an order that, in his words, is both wildly over-incl...

In its reply brief urging the Ninth Circuit to stay Judge James Robart’s temporary restraining order against President Trump’s Refugee Executive Order (EO), the Justice Department has tried to move the ...

On Friday, Magistrate Judge Thomas J. Rueter of the Eastern District of Pennsylvania ordered Google to comply with search warrants for emails stored overseas.

Over the past two weeks, U.S.-Mexico relations deteriorated to their lowest point since perhaps the era of Pancho Villa.

When President Donald Trump signed an executive order temporarily banning refugees from a number of Muslim-majority countries from entering the United States and blocking Syrian refugees indefinitely, hi...