Robert Loeb

Robert Loeb is a partner in Orrick, Herrington and Sutcliffe's Supreme Court and Appellate Litigation practice. The former Acting Deputy Director of the Civil Division Appellate Staff at the U.S. Department of Justice, he has handled hundreds of cases before the court of appeals and the Supreme Court. While at DOJ, he served as Special Appellate Counsel for National Security and International Law matters. Posts here express the views of the author(s) and do not necessarily reflect the views of the firm, or its clients. This post is for general informational purposes and is not intended to be and should not be taken as legal advice.

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First Amendment

Twitter Users Sue to Enjoin the President’s Twitter Blocking Based on Political Viewpoint

On Tuesday, a civil action was filed by Columbia University’s Knight First Amendment Institute and seven blocked Twitter users, asserting that President Trump and his staff are violating the First Amendment by blocking users on Twitter based on their viewpoints. 

Targeted Killing

The DC Circuit Refuses to Adjudicate TVPA Claim Regarding the Lawfulness of Extrajudicial Killings

The D.C. Circuit's recent ruling that the political question doctrine bars the adjudication of claims regarding a 2012 U.S. drone strike in Yemen improperly refuses to adjudicate a claim duly enacted by Congress under the Torture Victim Protection Act. 

Interrogation: Interrogation Abuses: Civil Liability

Trump’s DOJ to Assert State Secrets Privilege in Salim v. Mitchell

The latest CIA torture suit brought by former detainees presents an interesting variation on the typical post-9/11 state secrets cases: this time it is the defendants rather than the plaintiffs who seek to introduce information that the government alleges may harm national security.