Cybersecurity
Fighting Insider Abuse After Van Buren
Bryan Cunningham, John Grant, Chris Jay Hoofnagle Fri, Jun 11, 2021, 12:53 PM
A win for civil libertarians does not mean a loss for data owners.
Latest in U.S. Supreme Court
Cyber & Technology
Supreme Court Rules in Van Buren v. United States
Christiana Wayne Thu, Jun 3, 2021, 1:06 PM
The Supreme Court issued a decision in Van Buren v. United States, a case involving the Computer Frauds and Abuses Act.
Content Moderation
Justice Thomas's Misguided Concurrence on Platform Regulation
Berin Szóka, Corbin Barthold Wed, Apr 14, 2021, 10:30 AM
The justice’s speculations on the possibilities for regulating social media platforms are already changing the tone of the debate on the political right—but he makes a weak argument.
Appointments, Confirmations & Budgets
Amy Coney Barrett on National Security Law
Lorenzo d’Aubert, Eric Halliday Tue, Oct 20, 2020, 4:16 PM
Last month, President Trump nominated Judge Amy Coney Barrett to the Supreme Court. We reviewed several of Barrett’s writings to glean what they might reveal about her views on issues important to Lawfare readers.
U.S. Supreme Court
Mazars, Vance and the President’s Two Bodies
Daphna Renan Wed, Jul 22, 2020, 11:10 AM
The opinions reveal a Supreme Court grappling with the implications of the inseparable duality of the individual president and the institutional presidency.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
SCOTUS Upholds Expedited Removal of Undocumented Immigrants
Matt Gluck, Tia Sewell Thu, Jun 25, 2020, 1:34 PM
The Supreme Court held that the limits set by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 do not violate the Suspension Clause in Article I of the Constitution. This decision denies undocumented immigrants the right to habeas corpus review of the government’s removal decisions.
Immigration
Supreme Court Stays Asylum Injunction: Signal on the Merits or Procedural Snag?
Peter Margulies Thu, Sep 12, 2019, 11:14 AM
On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued by the Department of Homeland Security (DHS). The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.
Transgender Servicemembers
Document: Trump Administration Seeks Emergency Stay of Order to Produce Privilege Log in Transgender Servicemember Ban Litigation
Matthew Kahn Mon, Sep 17, 2018, 5:39 PM
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.
U.S. Supreme Court
Judge Brett Kavanaugh on National Security: A Reader’s Guide
Scott R. Anderson, Hayley Evans, Hilary Hurd Thu, Aug 30, 2018, 3:13 PM
The Senate Judiciary Committee is scheduled to begin hearings Sept. 4 on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. If confirmed, Kavanaugh would replace the high court’s most frequent swing vote, retiring Justice Anthony Kennedy, a change that many expect would shift the court significantly to the right.
Judge Brett Kavanagh
Kavanaugh and the Military Commissions: Reading the Law “As Written” for an Unpopular Defendant
Peter Margulies Fri, Jul 13, 2018, 3:15 PM
Judge Brett Kavanaugh’s judicial record on the Guantanamo military commissions is richer and less one-sided than some analysts, including Steve Vladeck in the Washington Post, have suggested.