Episode 125: The Elephant

Steve Vladeck returns to the show to talk with us about Due Process and immigration, Trump’s Executive Order on Muslim immigration, and the role of courts in war and quasi-war.

This show’s links:

Steve Vladeck’s faculty profile and writing

The National Security Law Podcast

Steve Vladeck, The Supreme Court, the Trump Transition, and the Future of the Constitutional “Border” (a concise overview of the Supreme Court cases under discussion, also contains links to SCOTUSblog pages where you can find briefs)

The Immigration Executive Order with annotations by NPR reporters

Steve Vladeck, The Airport Cases: What Happened, and What’s Next?

Benjamin Wittes, Malevolence Tempered by Incompetence: Trump’s Horrifying Executive Order on Refugees and Visas

ACLU’s compendium of documents in Loughalam v. Trump (the Boston case)

Tuaua v. United States

Boumediene v. Bush

Stephen Vladeck, The Suspension Clause as a Structural Right

The Obama White House Report on the Legal and Policy Frameworks Guiding the United States’ Use of Military Force and Related National Security Operations; see also commentary from Marty Lederman

Al-Aulaqi v. Obama (against the targeting) and Al-Aulaqi v. Panetta (Bivens claim)

In re Territo

Lebron v. Rumsfeld (Wilkinson) and Al Shimari v. CACI Premier Tech. (the Abu Ghraib case)

United States v. Verdugo-Urquidez

David Frum, How to Build an Autocracy

Special Guest: Steve Vladeck.