The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion.
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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.
Justices Gorsuch and Sotomayor Dissent From the Supreme Court’s Denial of Cert in ACLU v. United States
The Supreme Court declined to review a request from the ACLU for access to court records from the FISC and the FISCR.
In oral argument in United States v. Zubaydah, the court seemed to take seriously the government’s invocation of the state secrets privilege to protect information that seems very much in the public domain.
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.
The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege.
The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comprehensive explanation for ending the Migrant Protection Protocols.
The Biden administration’s rule-of-law credibility is the big loser; and the Supreme Court’s shadow docket the big winner.
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.