In emergencies, federal agencies can avoid cumbersome rulemaking procedures. Uses of the “good cause” exception following 9/11 and the outbreak of the coronavirus offer insights relevant to the current cybersecurity threats to critical infrastructure.
Latest in U.S. Supreme Court
In February, President Biden nominated Judge Ketanji Brown Jackson to the U.S. Supreme Court. We reviewed several of Jackson’s opinions to see what they might reveal about her views on issues relevant to Lawfare readers.
The presumption of regularity is an important principle that courts use in cases regarding executive discretion. However, failure to codify this principle has led to dozens of different interpretations and inconsistent application.
One reason why Van Buren is good news for cybersecurity is that companies will actually need to improve the security of their systems, instead of hoping the threat of CFAA lawsuits or prosecutions will rescue them from their mistakes.
A win for civil libertarians does not mean a loss for data owners.
The Supreme Court issued a decision in Van Buren v. United States, a case involving the Computer Frauds and Abuses Act.
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.
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.
The opinions reveal a Supreme Court grappling with the implications of the inseparable duality of the individual president and the institutional presidency.
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.