Supreme Court

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Documents

Document: Trump Administration Seeks Emergency Stay of Order to Produce Privilege Log in Transgender Servicemember Ban Litigation

On Monday, the Trump administration applied to the Supreme Court for an emergency stay of a district court order in litigation related to the transgender servicemember ban. A district court ordered the government to produce a log of evidence it believes is subject to presidential communications privilege. The government argues that a 2004 case should protect the government from doing so. The full application is below.

Travel Ban

Travel Ban Update: Without Addressing the Merits, the Supreme Court Stays Injunction Pending Further Proceedings

The Supreme Court’s order allows the latest iteration of the travel ban to go into effect, pending further proceedings. However, this latest stay signifies little or nothing regarding the court’s view of the merits in the challenges to EO-3.

Privacy Paradox

In Defense of the Mosaic Theory

The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change.  This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes.   Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.

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