David Luban has an extensive post over at Balkinization that makes it sound like Padilla’s case against John Yoo is much easier than it is. It’s not an easy case. I was especially surprised by Luban’s discussion of immunities. Here’s what he writes: 3. What about immunities? The short answer: only a few government officers get absolute immunity from lawsuits … Continue reading Padilla v. Yoo and the Bivens National Security Exception