Updates | The Week of April 10, 2017
This week, commentary focused on U.S. military action against Syria. Joshua Matz and Marty Lederman both considered the legal reasoning for the strikes on Take Care.
Cruise Missiles More Dangerous Than the "Nuclear Option"
If Congress does nothing now to further delineate the scope of presidential authority to deploy military force, it will effectively be forfeiting, now and forever, its constitutional authority to check presidential moves short of all-out state-to-state war.
Updates | The Week of April 3, 2017
This week, President Trump ordered a military strike on a Syrian air base in response to a deadly chemical weapon attack attributed to Bashar al-Assad's government. President Trump also shook up the National Security Council, including removing Chief Strategist Stephen Bannon from the NSC principals committee.
Why Trump's Travel Ban Statements Compel a Finding of Improper Purpose
Trump's statements about the revised travel ban overwhelmingly evidence a purpose at odds with the Establishment Clause. And few, if any, of those statements evince actual, substantive national security or foreign affairs objectives that explain the bizarre scope of his order.
Updates | The Week of March 27, 2017
Democrats in Congress have been stepping up claims that Russian interference in the U.S. presidential election constituted an act of war. Further, President Trump has proposed cuts to the State Department while stepping up airstrikes abroad.
International Human Rights Law in the Trump Era
The Trump Administration’s actions thus far are not just an attack on human rights norms. And they’re not merely a rejection of international law. They’re also an assault on our national security and foreign policy.
Updates | The Week of March 20, 2017
This past week, America and Britain barred personal electronic devices on flights from several Muslim-majority countries. Ivanka Trump's proposed role within the White House may also pose a national security threat.
The Story Thus Far: National Security
From Guantanamo Bay to wiretapping to foreign intrigue, these have been a busy two months for the Trump Administration. Here are some useful analyses of the story thus far.
No Peeking? Korematsu and Judicial Credulity
The Supreme Court's decision in the Japanese Internment Cases offers a chilling reminder of why courts cannot close their eyes to clear evidence of bigotry in executive orders supposedly justified by security concerns.
The President’s Dilemma
An emergency appeal on the Muslim Ban may be both rational and his worst outcome.
Motive Matters in Assessing the Travel Ban
To the extent that Trump’s statements about the travel ban shed light on why the executive orders were issued—and they surely do—those statements are material to the constitutional analysis.
The World Is Not Made Brand New Every Morning
Judge Kozinski thinks that we cannot account for President Trump's campaign statements in the Muslim Ban cases. That is wrong. Courts can, and should, reckon with this history in assessing whether Trump's ban comports with religious neutrality.
Trump’s Approach to Crime & Punishment
The president has continued existing policies, but also signaled a misplaced (and dangerous) reliance on immigration enforcement and incarceration to protect the public.
Faith in the Ninth Circuit
An analysis of Judge Bybee's dissent from denial of rehearing en banc in Washington v. Trump, and some predictions about the future of President Trump's revised entry ban.