“Justice John Paul Stevens played a pivotal role in determining the scope of executive-branch power in a post-9/11 world,” observed the Congressional Research Service in one of a series of new reports reviewing the legacy and impact of Justice Stevens, who is set to retire from the Supreme Court next month.
“Justice Stevens authored majority opinions in two leading cases, Rasul v. Bush and Hamdan v. Rumsfeld, in which the Court allowed detainees’ habeas petitions to proceed and invalidated the early incarnation of military commissions, thereby rejecting the broader views of executive power articulated shortly after the 9/11 attacks. In the cases, his view prevailed over strongly articulated dissenting opinions authored by Justice Scalia and other justices,” the CRS noted.
“Justice Stevens has been instrumental in developing post-9/11 jurisprudence regarding the limits of executive power during — and following — armed conflicts. Prior to 9/11, the Supreme Court had rarely considered questions regarding potential limits on the President’s Commander in Chief power. The wartime detention cases provide key insights into the Court’s views on the reach of executive authority, as well as on other separation-of-power concerns, including Congress’s role.”
However, a portion of this legacy on detainees’ rights may already be subject to limitation or erosion. Last week, a federal appeals court ruled that detainees held abroad by the U.S. military in Afghanistan — unlike those in Guantanamo — could not invoke habeas corpus to appear before a judge.
See “The Jurisprudence of Justice John Paul Stevens: Leading Opinions on Wartime Detentions” (pdf), May 13, 2010.
The companion reports from CRS are these (all pdf):
“The Jurisprudence of Justice John Paul Stevens: Selected Federalism Issues,” May 19, 2010.
“The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law,” May 14, 2010.
Congress has forbidden CRS to make these and other publications directly available to the public online. Copies were obtained by Secrecy News.
Update: One more:
The Jurisprudence of Justice John Paul Stevens: The Chevron Doctrine, May 26, 2010.
Update: And another:
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on the Jury’s Role in Criminal Sentencing, June 7, 2010.
After months of delay, the council tasked by President Trump to review the FEMA released its final report. Our disaster policy nerds have thoughts.
FAS and FLI partnered to build a series of convenings and reports across the intersections of artificial intelligence (AI) with biosecurity, cybersecurity, nuclear command and control, military integration, and frontier AI governance. This project brought together leaders across these areas and created a space that was rigorous, transpartisan, and solutions-oriented to approach how we should think about how AI is rapidly changing global risks.
Investment should instead be directed at sectors where American technology and innovation exist but the infrastructure to commercialize them domestically does not—and where the national security case is clear.
To tune into the action on the ground, we convened practitioners, state and local officials, advocates, and policy experts to discuss what it will actually take to deploy clean energy faster, modernize electricity systems, and lower costs for households.