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17 Jul 2017, 4:18 am
At Just Security, Marty Lederman observes that “resolution of the government’s motion might well determine whether tens of thousands of people, most of them refugees fleeing terrible conditions, will be able to enter the United States. [read post]
7 Jul 2017, 10:38 am
(Many thanks to Marty Lederman for alerting us to the recent developments and providing links to the filings.) [read post]
7 Jul 2017, 4:31 am
At Just Security, Marty Lederman compiles briefing in and commentary on the case. [read post]
1 Jul 2017, 12:00 pm
I wrote last November that the Foreign Emoluments Clause “is on its face a national security provision designed to the protect the country from officers too enmeshed with foreign interests. [read post]
30 Jun 2017, 7:35 am
In this fluid environment, the government should bring grandparents (and grandchildren) under its protective umbrella (see Marty Lederman’s post here). [read post]
30 Jun 2017, 5:45 am
Several commentators have already skewered this part of the administration’s policy in detail, including Marty Lederman, Leah Litman, and Amir Ali. [read post]
30 Jun 2017, 4:14 am
” Additional commentary on the guidelines comes from Adam Cox and Ryan Goodman at Just Security, Leah Litman at Take Care, and Marty Lederman at Just Security here and here. [read post]
28 Jun 2017, 10:18 am
"Unlocking the Mysteries of the Supreme Court's Entry Ban Case": Marty Lederman has this post at the "Take Care" blog. [read post]
28 Jun 2017, 3:59 am
Commentary comes from Marty Lederman at Just Security, Alex Aleinikoff at ForcedMigrationForum, Ilya Somin at The Washington Post’s Volokh Conspiracy blog, the editorial board of The New York Times, Will Baude at PrawfsBlawg, Michael Dorf at Justia’s Verdict blog, Moustafa Bayoumi in The Guardian, Daniel Hemel at Take Care, Amir Ali, also at Take Care, Corey Brettschneider in an op-ed in The New York Times, Stephen Sachs at PrawfsBlawg, and Ciara Torres-Spelliscy at the… [read post]
27 Jun 2017, 3:00 am
It recounts what Trump said and did about national-security legal policy issues both during the campaign and the chaotic first months of his administration, while analyzing differing views about how to assess the Obama administration’s record in hindsight, drawing on post-election interviews I conducted with Obama legal team veterans like Greg Craig, Avril Haines, and Marty Lederman, and critics like Anthony Romero of the A.C.L.U.. [read post]
26 Jun 2017, 4:39 pm
Constant readers will recall a disagreement that Marty Lederman and I had about whether the challenges to the executive order were going to become moot on June 14. [read post]
26 Jun 2017, 12:04 pm
As Marty Lederman points out, the Court’s ruling is a “huge victory for the plaintiffs” in the sense that the injunctions remain in place with respect to those connected somehow to people in the country and protect even those aliens not directly involved in these suits—as long as they have the requisite relationships with U.S. persons or entities. [read post]
26 Jun 2017, 10:52 am
Commentary on today’s travel-ban ruling comes from Dara Lind and Tara Golshan of Vox; Ian Millhiser of ThinkProgress; Marty Lederman for Just Security; and Leah Litman of Take Care Blog. [read post]
22 Jun 2017, 4:20 am
’” At Balkinization, Marty Lederman offers a detailed critique of the two four-justice opinions in the case, concluding that “[p]erhaps a majority of the Court should have … simply held that the Constitution forbids the viewpoint-based manipulation of government subsidies when it is done—as the government concedes it was here—in an effort ‘to remove certain ideas or perspectives from a broader debate. [read post]
21 Jun 2017, 1:10 pm
Marty Lederman talked a bit about this issue at Balkinization.) [read post]
20 Jun 2017, 4:29 am
Yesterday the Supreme Court agreed to hear a high-profile partisan-gerrymandering case from Wisconsin, Gill v. [read post]
16 Jun 2017, 4:38 am
” At Just Security, Marty Lederman explains “why, in light of the Ninth Circuit’s decision on Monday, there’s no good reason for the Court to grant any of the government’s petitions or applications. [read post]
15 Jun 2017, 8:25 am
" And in commentary, at "Just Security," Marty Lederman has a blog post titled "The President Resuscitates the Entry Ban: Where Should the Court Go From Here? [read post]
6 Jun 2017, 8:00 am
Joshua Matz raised the problem of potential mootness last week; Marty Lederman has a detailed post on the issue arguing that the Court should deny the Government's cert petition because the ban expires imminently; Mark Tushnet offered some thoughts along somewhat similar lines. [read post]
5 Jun 2017, 4:18 am
” Marty Lederman argues at Just Security (cross-posted at Take Care) that “all of [the government’s] urgent briefing and pleas for expedition is rather beside the point, because by its own terms, the ‘entry ban’ expires less than two weeks from now. [read post]
