The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, but fails to mention the Steel Seizure Case – where Justice Jackson explained that, even in matters of national security, presidential power is at “its lowest ebb” when the commander-in-chief violates express Congressional statutes.
Latest in ISIS
A review of Charles Lister's The Syrian Jihad: Al-Qaeda, the Islamic State and the Evolution of an Insurgency (Oxford, 2015).
Editor’s Note: This article originally appeared on Markaz.
The Orlando Shootings in Perspective: How the Recent Attacks Fit within the History of Anti-LGBT Violence
Editor's Note: Discussion of the Orlando killings has focused on the role of the Islamic State and the self-radicalization of so-called "Lone Wolves." The killings, however, also are an act of unspeakable violence against America's LGBT community. Events as horrific as the Orlando attack are thankfully rare, but violence against the LGBT community is not. D.C.-based analyst Marc Meyer offers an assessment of such violence and how it has changed over in recent years.
Editor's Note: This piece originally appeared on the Brookings publication Order from Chaos.
Until now, Belgium's contribution to the air campaign against ISIS has been limited to strikes on targets in Iraq. This constraint reflected, at least in part, a sense that the legal case for strikes in Iraq (from a UN Charter perspective) was clear (in light of the consent of the Iraqi government), whereas the legality of strikes in Syria (where the Assad regime did not consent) was murkier.
Last week, U.S. Army Captain Nathan Michael Smith sued the U.S. Government in federal court, seeking a declaration that Obama’s war against ISIS is illegal. Jack Goldsmith and Marty Lederman have put forward competing views over whether this lawsuit is a big deal.
As I explained in a New York Times op-ed today, Captain Nathan Smith has gone to court for a declaratory judgment on the legality of President Obama’s undeclared war against the Islamic State. While I encourage readers of Lawfare to read the entire Complaint submitted by David H.
This week on the podcast, Benjamin Wittes and Cliff Kupchan talk about the future of U.S-Russia relations and to delve into the Russian intervention in Syria. Kupchan is the Chairman and Practice Head for Eurasia at the Eurasia Group, where he covers Russia’s domestic and foreign policy, as well as its energy sector. He argues that the United States has good reason to talk to and work with Russia on a host of crises, including Syria.