Latest in War Powers
The war powers report for calendar year 2022 clarifies a potential discrepancy in the U.S.’s perspective on the use of force in Afghanistan under international law.
In Torres v. Texas Dep’t of Public Safety, the Court held that private suits against states are authorized under Congress’s war powers, carving out a new structural waiver exception to state sovereign immunity.
According to the report, the U.S. exercised military force in Afghanistan, Iraq, Syria and Somalia in 2021.
In the event of an armed attack, the United States “reserves the right to determine for itself what military action, if any, is appropriate.”
The Torres decision will not only determine if protections are available to hundreds of thousands of veterans against employment discrimination but also could have broader ramifications for the war powers doctrine and/or the state sovereign immunity doctrine.
On this day in 1918, the Supreme Court unanimously upheld the constitutionality of a national draft. That ruling illustrates how military powers in the Constitution have continuously adapted throughout American history to changes in warfare.
On April 4, the Biden administration released the
On Oct. 20, 2020, the Trump administration publicly released the unclassified portion of a long-overdue report on the legal and policy frameworks for the use of military force.
On its anniversary, the Montgomery Ward episode is a stark reminder of what unleashing wartime government power over industry has actually looked like.
Speaking at Brigham Young University, Defense Department General Counsel Paul Nye offered the most-detailed defense we have yet seen of the Soleimani airstrike, addressing both international and domestic law as well as the underlying facts.