This week, co-host Yvette is joined by Bill Banks to discuss the latest topics in national security law: What are the legal issues surrounding Biden’s new “over-the-horizon” strategy in Afghanistan? Is it time for the U.S. to revise and reform the AUMF? And with COVID vaccines still dominating headlines, are the new federal mandates considered constitutional? And if they are, could there be other legal challenges?

William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security:

law.syr.edu/profile/william-banks1

References:

Charter of the United Nations, Chapter 7 Article 51:

https://legal.un.org/repertory/art51.shtml

Charter of the United Nations, Chapter 7 Article 42:

https://legal.un.org/repertory/art42.shtml

Authorization for the Use of Military Force:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjMr6HC-YHzAhUMc98KHevWDsUQFnoECAIQAQ&url=https%3A%2F%2Fwww.congress.gov%2F107%2Fplaws%2Fpubl40%2FPLAW-107publ40.pdf&usg=AOvVaw2ITdZrN7EI033pIoBAB37n

Brandenburg v. Ohio:

https://www.oyez.org/cases/1968/492

Jacobson v. Massachusetts:

https://supreme.justia.com/cases/federal/us/197/11/

"US Department of Labor's OSHA issues emergency temporary standard to protect health care workers from the coronavirus." U.S. Department of Labor. June 10, 2021.

https://www.osha.gov/news/newsreleases/national/06102021

"Occupational Exposure to COVID-19; Emergency Temporary Standard." Federal Register. June 21, 2021.

https://www.federalregister.gov/documents/2021/06/21/2021-12428/occupational-exposure-to-covid-19-emergency-temporary-standard