May 2009

I imagine many readers have by now seen this story in the New York Times (and Julian beats me to it!) reporting that the Obama administration appears ready to return to military commissions for trying at least some Guantamo detainees: Officials who work on the Guantánamo issue say administration lawyers have become concerned that they would face significant obstacles to trying...

So I'm not exactly surprised that Obama is planning to revive the use of military commissions to try terror suspects, (according to the NYT).  The Obama administration is moving toward reviving the military commission system for prosecuting Guantánamo detainees, which was a target of critics during the Bush administration, including Mr. Obama himself. No doubt there will be some amendment to the Bush commissions,...

The conventional wisdom is probably correct here, that David Souter's retirement won't make much of a difference to the Court's overall balance.  But no two Justices are alike.  There will be inevitable differences in style and approach, and on the less prominent questions, the ones mostly off the radar screen, that can lead to different votes.  I don't know much...

[ Laura Dickinson is Foundation Professor of Law, Sandra Day O’Connor College of Law, Arizona State University.] It seems that in some quarters, support for international law (combined with a little bit of humor) is enough to get one labeled “so out there” to be unqualified for government service. A few commentators on the right have recently decided to attack international...