Bench Memos

More Hamdan Reax

I have not had time to even begin digesting the 150-plus pages of Hamdan.  Thankfully, many others have.  If you’re looking for thoughtful commentary on the decision, here are some recommendations:  At the Volokh Conspiracy, Randy Barnett and Stuart Benjamin comment here and here (respectively), and sometime-VC blogger Orin Kerr has thoughts here and here.  Professor Bainbridge looks at “Evading Hamdan” here, and there’s a mini-NRO symposium with Ed Whelan, Julian Ku, and John Eastman here.  Finally, Daniel Drezner offers a mini-round-up and starts an open thread here.

Jonathan H. Adler — Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

Most Popular

Immigration

The Left, the Wall, the Truth

Democrats and others on the left offer three reasons for their opposition to building a wall on America's southern border. 1. A wall is ineffective. 2. A wall is too expensive. 3. A wall is immoral. Each one is false, so false as to constitute lies. So, the only question is: Do Democrats and others on ... Read More
White House

The FBI Tramples Our Political Order

The FBI took it upon itself to determine whether the president of the United States is a threat to national security. No one had ever before thought that this was an appropriate role for the FBI, a subordinate agency in the executive branch, but Donald Trump isn’t the only one in Washington trampling ... Read More