The Elephant

About this Episode

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