Today the Ninth Circuit hears oral argument in Hawaii v. Trump at 12:30 pm ET. Follow our liveblog here.
Latest in Executive Power
An en banc Fourth Circuit hears argument on Executive Order 13,780.
What’s the Legal Basis for the Syria Strikes? The Administration Must Acknowledge Limits on its Power to Start a War
Project Democracy has filed suit under the Freedom of Information Act to obtain the President's legal justification for his administration's strikes against a Syrian airbase.
Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"
Alan Z. Rozenshtein, a former contributor to Lawfare who now works at DOJ, has a new article forthcoming in Stanford Law Review, "Surveillance Intermediaries," analyzing the role of corporate actors such as Apple, Google, Facebook, and others, that dominate digital communications and data storage, situated between government and targets of surveillance.
Sanctuary 101, Part I: What Trump’s Executive Order Doesn’t Do, Cannot Do, and Has Little To Do With
A month after President Trump issued his January 25, 2017 executive order, “Enhancing Public Safety in the Interior of the United States,” there remains a great deal of confusion: about what qualifies as a “sanctuary jurisdiction,” about the order’s effects on those jurisdictions, and about whether Trump’s effort to pull their federal funding by unilat
Making National Security Arguments in Court (and Congress), Part II: Some Advice for Secretary Kelly
Given concern whether there are legitimate national security grounds on which to defend the President's executive order on refugees, Secretary Kelly will have to make a tough call about whether to sign his name to the revised EO.
The use of TROs to halt enforcement of Trump's immigration EO points to an effort by the courts to avoid the impulsiveness that marred the EO itself.
A few thoughts on making national security arguments, following the government's oral argument made last evening in State of Washington & State of Minnesota v. Trump and a cursory review of the filings made in that case.
The U.S. Court of Appeals for the Ninth Circuit heard oral argument today in Washington v. Trump, regarding the State of Washington's challenge to the president's executive order banning refugees and immigrants from seven majority-Muslim countries from entering the United States. The specific issue at hand was the government's motion for a stay of the temporary restraining order issued by Judge James Robart of the U.S.