Latest in SCOTUS

Podcasts

The National Security Law Podcast: The Road to 10,000

We’re back after a one-week layoff!  No SCOTUS announcement yet, alas, but we do have this to offer:

1. Doe v. Mattis and the upcoming hearing on the government’s plan to release Doe in Syria

2. The military commissions and the retirement of Judge Spath

3. Over in the civilian court system, Uzair Paracha, convicted back in 2005, just won a motion for a new trial based on newly-discovered evidence (involving CSRT and other statements from GTMO detainees)

Alien Tort Statute

Corporate Liability Under the Alien Tort Statute Returns to Supreme Court in Jesner v. Arab Bank

The Supreme Court punted on the question of corporate liability under the Alien Tort Statute in its 2013 Kiobel decision; corporate liability is once again the explicit question in a case accepted by the Court on April 3, 2017, Jesner v. Arab Bank, No. 16-499. 

Executive Power

Zivotofsky v. Kerry is Out this Morning!

The decision in Zivotofsky v. Kerry, a blockbuster foreign policy-related Supreme Court case that many of us have been watching carefully, was just released: The DC Circuit is affirmed. The President holds the exclusive power to recognize foreign sovereigns, and the relevant statute compelling the Executive to write "Israel" on relevant passports impermissibly infringed on this exclusive authority to determine the status of Jerusalem.

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