The "Observer Effect": On the Role of Courts in National Security Cases
UVA Law Faculty Affiliations
Over at The New Republic’s Security States blog, I have a new essay up entitled, “Courts Influence National Security Without Doing a Single Thing.” It begins:
One of the most persistent fights in the national security arena since the September 11 attacks has been about the proper allocation of power between two branches of government: the Executive and the courts. Specifically, how much authority does and should the Executive Branch have to establish and implement national security policies, and how much oversight can and should courts provide over these policies?