I’ve already written at some length about the flawed analytical foundations of Justice Kennedy’s opinion for a 4-2 majority in Ziglar v.
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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 important protection for former executive officials against judicial Monday-morning quarterbacking. Critics will see it as another hurdle to preventing lawless actions taken in the name of national security in time of war or national emergency.
A review of James E. Pfander, Constitutional Torts and the War on Terror (Oxford University Press, 2017).