Judge Brett Kavanagh
Kavanaugh and the Military Commissions: Reading the Law “As Written” for an Unpopular Defendant
An assessment of Judge Kavanaugh’s record on military commissions should include a fair decision for a Guantanamo detainee.
Peter Margulies is a professor at Roger Williams University School of Law, where he teaches Immigration Law, National Security Law and Professional Responsibility. He is the author of Law’s Detour: Justice Displaced in the Bush Administration (New York: NYU Press, 2010).
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An assessment of Judge Kavanaugh’s record on military commissions should include a fair decision for a Guantanamo detainee.
The Supreme Court sought to nudge the president toward more civil rhetoric. But the majority rejected claims that the travel ban exceeded the scope of congressional delegation under the Immigration and Nationality Act or violated the Constitution’s Establishment Clause.
Consistent with a recent ruling from the Israeli Supreme Court, it is vital that the IDF take, in good faith, appropriate investigatory steps in response to any use of force during the recent violence in Gaza that appears to have been improper.
The Inspector General report yields disturbing inferences about the situational awareness of former FBI Director James Comey and the judgment of several senior FBI officials involved in the Clinton investigation, including former Deputy Director Andrew McCabe.
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When the government argues Trump v. Hawaii before the Supreme Court on April 25, it will rely on the president’s Article II power. What are that argument’s merits?
The Fourth Circuit’s vote against the travel ban suggests that the ban’s challengers have work ahead of them if they are to triumph before the Supreme Court.