SCOTUS Ruling on Base Commander Authority to Deny Access
Today, the Supreme Court issued its decision in United States v. Apel, ruling unanimously in favor of the Government. The case, which we previously covered here and here, involved a challenge to the...
View ArticleFollow-up: Supreme Court on Military Base Easements
Yesterday, we excerpted Lyle Denniston’s preview of today’s oral argument in United States v. Apel, the Supreme Court case concerning a protestor who was convicted of a federal misdemeanor for refusing...
View ArticleTomorrow’s Supreme Court Case on Protester’s Access to Military Bases
Lyle Denniston of Scotusblog has a thorough post previewing tomorrow’s oral argument before the Supreme Court in United States v. Apel, a case challenging the legality of punishing an anti-war...
View ArticleWaxman on the Power to Credibly Threaten War
Matthew Waxman has a new essay for the Yale Law Journal, entitled Syria, Threats of Force, and Constitutional War Powers, in which he argues that debates about the respective war powers held by the...
View ArticleChemical Weapons at the Supreme Court
Yesterday, the Supreme Court heard arguments (for the second time) in Bond v. U.S., an odd but important case involving the scope of Congress’s power to implement treaties. Much has been written about...
View ArticleFISA Reform Options on Capital Hill
Lawfare offers some good anlysis of the proposed FISA reform buills now moving forward in Congress. Raffawla Wakeman offers a very useful anlysis of what the main proposals would do: Rare bipartisan...
View ArticleBefore the Supreme Court: Whither the Endorsement Test?
Next week, the U.S. Supreme Court will take up Town of Greece v. Galloway, a First Amendment Establishment Clause case that could result in an end to Justice O’Connor”s “endorsement test.” Amelia...
View ArticleHow (Un)Likely is a Supreme Court Ruling on FISA?
Over at Lawfare, Orin Kerr has a post weighing in on the unlikelihood, in his view, of a Supreme Court ruling on the constitutionality of Section 702 of FISA in the foreseeable future: The Justice...
View ArticleWhat’s Old is New Again: Madison on Federal Security Powers
Rikita Singh and Benjamin Wittes wrote an interesting piece at the New Republic this week, tracing the career of James Madison as it related to the tradeoff between providing national security and...
View ArticleThe Observer Effect: How Courts Affect National Security Decisions
Ashley Deeks has an interesting essay at the New Republic that argues that courts have much more influence on executive actions in national security matters than most observers understand: While courts...
View ArticleIgnoring the Debt Ceiling
Can [May?] the President ignore the debt ceiling? The ABA Journal summarizes a New York Times article stating that three constitutional arguments provide a ‘yes’ answer: Is White House press secretary...
View ArticleSupreme Court’s New Term
The Supreme Court’s October Term is beginning today, as scheduled, despite the ongoing government shutdown. As usual, there are a number of interesting previews of the new term from scholars,...
View ArticleA Balancing of State and Federal Law?
This past Tuesday (September 3, 2013) marked the first day for implementation of the Department of Defense policy changes allowing for military couples in same sex-marriages to file for the same...
View ArticleSyria & Presidential Power
In a post earlier this week, we referred to an ongoing public discussion among international law scholars and members of the press about the legality of a U.S. intervention in Syria under international...
View ArticleDollars and Sense
The LA Times recently published an op-ed piece co-authored by U.S. Senators Feinstein and Durbin in which they renewed the call to close the detention facility at Guantanamo Bay. Their argument begins...
View ArticleBenjamin Wittes and Daniel Byman on Targeting Americans Abroad
The Brookings Institute just released a new report by Benjamin Wittes and Daniel Byman entitled “Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad.” Here is how the authorts...
View ArticlePandering or Slandering?
The decline of print media has coincided with a rapid expansion of online journalism, which, some would say, has created new questions regarding the limits of the freedom of expression. In a world...
View ArticleQuestioning the Feres Doctrine
In a 1950 Supreme Court decision that interpreted the Federal Tort Claims Act (“FTCA”), the Court held that the FTCA bars any damages suit brought by servicemembers for torts that arise out of their...
View ArticleWhat Will the DOMA Decision Mean For Service Members
Today’s decision striking down section three of the Defense of Marriage Act will affect gay and lesbian service members that are lawfully married in states that recognize same sex marriages. They will...
View ArticleSecret History of the Bill of Rights
Michael Lind has a very interesting account of the development of the Bill of Rights. He notes that James Madison was a huge sceptic of the value of a Bill of Rights, who only pushed what he...
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