Donald Trump
Liveblog: Hawaii v. Trump
Jane Chong Mon, May 15, 2017, 12:00 PM
Today the Ninth Circuit hears oral argument in Hawaii v. Trump at 12:30 pm ET. Follow our liveblog here.
Latest in Executive Power
Executive Power
Oral Argument Summary: IRAP v. Trump (the Travel Ban case)
Jane Chong Tue, May 9, 2017, 7:59 AM
An en banc Fourth Circuit hears argument on Executive Order 13,780.
Executive Power
What’s the Legal Basis for the Syria Strikes? The Administration Must Acknowledge Limits on its Power to Start a War
Justin Florence Mon, May 8, 2017, 12:44 PM
Project Democracy has filed suit under the Freedom of Information Act to obtain the President's legal justification for his administration's strikes against a Syrian airbase.
Readings
Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"
Kenneth Anderson Thu, Mar 30, 2017, 9:48 AM
Alan Z. Rozenshtein, a former contributor to Lawfare who now works at DOJ, has a new article forthcoming in Stanford Law Review, "Surveillance Intermediaries," analyzing the role of corporate actors such as Apple, Google, Facebook, and others, that dominate digital communications and data storage, situated between government and targets of surveillance.
Aegis
Sanctuary 101, Part I: What Trump’s Executive Order Doesn’t Do, Cannot Do, and Has Little To Do With
Jane Chong Mon, Mar 13, 2017, 2:11 PM
A month after President Trump issued his January 25, 2017 executive order, “Enhancing Public Safety in the Interior of the United States,” there remains a great deal of confusion: about what qualifies as a “sanctuary jurisdiction,” about the order’s effects on those jurisdictions, and about whether Trump’s effort to pull their federal funding by unilat
Executive Power
Making National Security Arguments in Court (and Congress), Part II: Some Advice for Secretary Kelly
Carrie Cordero Fri, Feb 24, 2017, 10:48 AM
Given concern whether there are legitimate national security grounds on which to defend the President's executive order on refugees, Secretary Kelly will have to make a tough call about whether to sign his name to the revised EO.
Donald Trump
Impulsiveness, Law, and the Immigration Order
Paul Gewirtz Mon, Feb 13, 2017, 8:00 AM
The use of TROs to halt enforcement of Trump's immigration EO points to an effort by the courts to avoid the impulsiveness that marred the EO itself.
Executive Power
Quick Thoughts on Making National Security Arguments in Court
Carrie Cordero Wed, Feb 8, 2017, 9:58 AM
A few thoughts on making national security arguments, following the government's oral argument made last evening in State of Washington & State of Minnesota v. Trump and a cursory review of the filings made in that case.
Executive Power
Full Audio of Oral Argument in Washington v. Trump
Quinta Jurecic Tue, Feb 7, 2017, 11:20 PM
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 immigrants from seven majority-Muslim countries from entering the United States. The specific issue at hand was the government's motion for a stay of the temporary restraining order issued by Judge James Robart of the U.S.
Executive Power
Can Department Heads Refuse White House Orders?
Andrew Kent Tue, Feb 7, 2017, 11:00 AM
The short answer is yes. But only if they are willing to risk the consequences.