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.
Latest in U.S. Supreme Court
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.
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.
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.