Contributors

Marty Lederman

Associate Professor of Law

Georgetown Law

Professor Lederman has been teaching at the Georgetown University Law Center since 2005, except for a stint as Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel in the first two years of the Obama Administration.  He also served in OLC from 1994 to 2002.  In 2008, with David Barron, he published a two-part article in the Harvard Law Review examining Congress's authority to regulate the Commander in Chief's conduct of war.  In a 2016 article in the Yale Law Journal Forum, Professor Lederman examined the “least restrictive means” element of the Religious Freedom Restoration Act and how the Court and litigants have been misusing it in recent RFRA litigation involving contraception coverage and antidiscrimination laws.  In a pair of forthcoming articles, Professor Lederman analyzes the purported historical predicates for recognizing a new Article III exception that would permit domestic-law offenses to be tried in military courts:  If George Washington Did It, Does that Make It Constitutional?:  History’s Lessons for Wartime Military Tribunals, 105 Geo. L.J. (forthcoming August 2017), and The Law (?) of the Lincoln Assassination, 118 Colum. L. Rev. (forthcoming March 2018).  Professor Lederman regularly contributes to Just SecurityBalkinization and other blogs.

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Unlocking the Mysteries of the Supreme Court’s Entry Ban Case

6/27/17  //  Commentary

Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury of a few hours to ponder the mysteries, here are some tentative speculations on the most commonly posed questions.

Marty Lederman

Georgetown Law

It's All About that Stay (and Its Surprising Limits)

6/26/17  //  Quick Reactions

Preliminary thoughts on the Supreme Court's travel ban order.

Marty Lederman

Georgetown Law

Donald Trump’s Say-So is Not a Presidential “National Security Judgment”

6/21/17  //  Quick Reactions

Analysis of DOJ's filing at SCOTUS today in the travel ban cases.

Marty Lederman

Georgetown Law

Some Thoughts on the Government’s Latest Filing in the Entry Ban Cases

6/19/17  //  Commentary

Here I offer three quick reactions to the government’s latest filing in the Ninth Circuit case—the first two on questions concerning what the Court should do now with the government’s applications, and the third with respect to the merits of the statutory ultra vires argument on which the Court of Appeals for the Ninth Circuit relied.

Marty Lederman

Georgetown Law

The President Resuscitates the Entry Ban: Where Should the Supreme Court Go From Here?

6/15/17  //  In-Depth Analysis

In this post I explain why, in light of the Ninth Circuit’s decision on Monday, there’s no good reason for the Supreme Court to grant any of the government’s petitions or applications.

Marty Lederman

Georgetown Law

Why Trump Can’t (Lawfully) Fire Mueller

6/13/17  //  Commentary

There’s been a great deal of noise from some of the President’s confidants over the past 48 hours suggesting that he might (try to) remove Special Counsel Robert Mueller.

Marty Lederman

Georgetown Law