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9 Jun 2015, 6:16 am by Curtis Bradley
Although somewhat less clear, the decision also tends to undercut the claim (made most notably by Ganesh Sitaraman and Ingrid Wuerth in a recent article in the Harvard Law Review) that the Supreme Court is “normalizing” foreign relations law – that is, treating it the same way that it treats ordinary issues of domestic law. [read post]
24 Apr 2018, 4:27 am by Edith Roberts
” At Take Care, Ingrid Brunk Wuerth and Ganesh Sitaraman argue that “[w]hile categorizing ‘national security’ issues as warranting exceptional deference might be rhetorically powerful and instinctively comforting, it is not logically defensible – and it poses dangerous consequences for our constitutional system. [read post]