One of the most consequential figures in the post-9/11 accountability drama has passed away.
Latest in In memoriam
In my view, at least, Justice Scalia's public statements on national security issues and his one majority(-ish) opinion in a "canonical" national security case (in Ashcroft v. al-Kidd) could lead folks reasonably to question just how faithful Justice Scalia was to his first principles where national security was involved. That doesn’t in any way diminish the late Justice’s track record (or Adam’s elegant reflection upon it); it just suggests that, as is so often the case, adding national security-specific considerations to the mix tends to complicate matters.
Adam Klein shares thoughts on the national-security law legacy of his former boss, the late Justice Antonin Scalia.
Like others here at Lawfare, I was saddened - and shocked, as well, as I had not known anything was amiss — to hear of Mike Lewis’ passing. I had just sent Mike an email, in fact, inviting him to guest post on the new DOD Law of War Manual, and that afternoon heard the news of his death. He was a good friend and colleague in the law of war and national security law community; even though we only saw each other once or twice a year, we corresponded frequently and spoke by phone on many of the LOAC issuesthat our community engages with.