Civil Liberties and Constitutional Rights

U.S. National Archives / Ben Balter (background)

Too often, national security and personal liberties are portrayed as inversely related. This is simplistic, and also clearly wrong. After all, in the absence of security, it would be impossible to enjoy our freedoms at all. Nevertheless, some of the hardest national security choices are inevitably those that involve tradeoffs with civil liberties. The need to gather information on our enemies rubs up against expectations of privacy. The eroding line between war and law enforcement endangers principles of due process. And the need to keep secrets increasingly leads to tension with a robust free press.

 

Latest in Civil Liberties and Constitutional Rights

Civil Liberties and Constitutional Rights

Summary: Government’s Management of the Terrorist Screening Database Violates Citizens’ Constitutional Rights, Court Rules

On Sept. 4, the U.S. District Court for the Eastern District of Virginia issued a decision in Elhady v. Kable—a case that challenges how the federal government manages the Terrorist Screening Database (TSDB), colloquially known as the “watchlist.”

Documents

Procedures for Terrorist ‘Watchlist’ Unconstitutional, Court Rules

The U.S. District Court for the Eastern District of Virginia ruled that the federal government's Terrorist Screening Database program, commonly referred to as the terrorist "watchlist," does not provide "constitutionally adequate" process for Americans included in the database.  The Court instructed both sides to submit briefs about what they each view as the appropriate relief. The ruling can be found here.

 

 

Civil Liberties and Constitutional Rights

The Role of Deference in Adjudicating the Military Transgender Policy, DACA and the Census

But the lack of tailoring—the careful fitting of means to chosen ends—in the military’s transgender policy should prompt the courts to look more closely at the Trump administration’s rescissions of various measures followed or implemented by the Obama administration.

Civil Liberties and Constitutional Rights

New York Lawsuit Challenges Replacement of Immigration Court Hearings with Video Technology

Several legal aid organizations filed a class-action lawsuit on Feb. 12 in New York challenging the U.S. Immigration and Customs Enforcement  practice of denying in-person hearings to immigrants.

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