The DC Circuit just overturned a District Court opinion that granted three Bagram detainees who were captured outside of Afghanistan (though the government contests this claim for one of the detainees) the right to a habeas proceeding. It based its argument on three factors the Supreme Court listed in deciding in Boumediene that detainees at [...]

Remember how I suggested one of the bright sides of Elena Kagen’s nomination to SCOTUS would make Republican heads explode when they realize Hamdan lawyer Neal Katyal may be Acting Solicitor General? Well, keep your eye out for splattered fearmonger brains, because Katyal just signed a document as the Acting Solicitor General. Though perhaps their [...]