U.S. Supreme Court

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U.S. Supreme Court

Executive Discretion and Judicial Deference After the Census Case: The Chief Justice’s Tightrope

Chief Justice John Roberts’s census ruling may strengthen deference to executive discretion when wielded by a future normal presidency, but for select occasions, he has revived a neglected counterdeference tool—pretext analysis.

U.S. Supreme Court

Document: Supreme Court Stays Injunctions in Transgender Servicemember Ban Cases

On Tuesday, the Supreme Court on 5-4 decisions granted two stays of district court injunctions in Trump v. Karnoski and Trump v. Stockman, two cases challenging the Trump administration's ban on military service by transgender people. The orders are below.

18A625 TRUMP, PRESIDENT OF U.S., ET AL. V. KARNOSKI, RYAN, ET AL.

U.S. Supreme Court

Experts Testify on National Security and Executive Power at Fourth Day of Kavanaugh Hearings

During the fourth day of hearings on Judge Brett Kavanaugh's nomination to the Supreme Court, two experts testified on matters that may be of interest to Lawfare readers. Rebecca Ingber, associate professor at Boston University School of Law and contributing editor for Lawfare, testified about Judge Kavanaugh's approaches to executive deference on national security matters and to international law.

Podcasts

The National Security Law Podcast: A Deep Dive into the Steel Seizure Case

This week, we explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.” It’s an all-time classic regarding the separation of powers in general and war-related powers in particular (not to mention constitutional interpretive method, theories of emergency power, and more). In this deep dive, we:

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