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9 Nov 2015, 1:37 pm by Benjamin Wittes
Over the last few weeks, Congress and the White House have been circling one another, angling for that final bit of leverage that will define whether President Obama does or does not get to fulfill his first-week-in-office pledge to shutter the Guantanamo Bay detention facility. [read post]
7 Feb 2014, 5:11 pm
And more recently, it was Sandra Day O’Connor who reminded us in Hamdan v. [read post]
1 Oct 2009, 3:32 am
Professor Koh argues that the "sole organ" doctrine has taken a drubbing, citing recent Supreme Court rulings.But I am not so sure.For one thing, even if the Supreme Court is eager for Congress to reassert its prerogatives, as Justice Breyer's Hamdan v. [read post]
5 Jul 2007, 10:20 am
As the Supreme Court reminded us in its decision last summer in Hamdan v. [read post]
5 May 2008, 3:05 am
Deborah Pearlstein responded and invited me to weigh in; my contribution is cross-posted here.)Deborah, you're on to something here when you ask whether the words "necessary" and "appropriate" -- which qualify "use of force" in Congress' Authorization to Use Military Force of September 18, 2001 -- ought not to be examined more fully.In Hamdan v. [read post]
11 Mar 2011, 1:16 pm
As our readers will recall, in Hamdan v. [read post]
27 Jul 2007, 12:57 am
Charles Swift, counsel to Salim Hamdan, the enemy combatant whose legal case, Hamdan v. [read post]
6 Mar 2008, 11:14 am
This is the reason Chief Justice Roberts was recused in the case of Hamdan v. [read post]
12 Apr 2010, 9:50 am
In Rasul v Bush and Hamdan v Rumsfeld, Stevens asserted the role of the courts even in wartime determinations of the fate of detainees held at Guantanamo Bay. [read post]
6 Oct 2021, 2:31 pm by Eugene Volokh
Tribune Media Co. (2016) (granting leave to former federal judges to file brief as amici); Hamdan v. [read post]
2 Apr 2019, 5:25 am by Patrick McDonnell
Following a stay and abeyance pending the Supreme Court’s decision in Hamdan v. [read post]