Oral Argument Preview in Lebron v. Rumsfeld (Padilla’s Bivens Suit)
Tomorrow, the U.S. Court of Appeals for the Fourth Circuit will hear oral arguments in Lebron v. Rumsfeld, in which Jose Padilla and his mother, Estella Lebron, appeal a district court’s dismissal of a...
View ArticleArgument Recap in Lebron v. Rumsfeld (Padilla’s Bivens Suit)
Oral arguments in Lebron v. Rumsfeld took place before the Fourth Circuit on Wednesday. The oral argument audio recording is available here, and my argument preview, with background on the case as well...
View ArticleRehearing Granted in Vance v. Rumsfeld
The full Seventh Circuit has granted the government’s motion to rehear en banc Vance v. Rumsfeld, a suit by two U.S. citizens alleging that they were detained and tortured by U.S. forces in Iraq. The...
View ArticleFourth Circuit Throws Out Jose Padilla’s Bivens Suit
Jack just flagged the Fourth Circuit’s unanimous 39-page opinion throwing out Lebron v. Rumsfeld–one of the two pending Bivens suits brought by Jose Padilla arising out of his detention (and alleged...
View ArticleA Closer Look at Lebron v. Rumsfeld (Padilla’s Bivens Suit)
As Jack and Steve have both noted, yesterday the Fourth Circuit issued its opinion in Lebron v. Rumsfeld, the appeal seeking reversal of a district court’s decision denying Jose Padilla declaratory and...
View ArticleOral Argument Yesterday in Doe v. Rumsfeld [Updated]
The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation...
View ArticleVazquez and Vladeck on State Law and the Nature of the Bivens Question
Over @ SSRN, Carlos Vazquez and I have posted our forthcoming article on “State Law, the Westfall Act, and the Nature of the Bivens Question After Minneci v. Pollard,” which will be published in the...
View ArticleMy Thoughts on Al-Aulaqi and the Inversion of Bivens
Over at the ACSblog, I have a guest post up on Al-Aulaqi v. Panetta and Ben’s suspicion that the lawsuit will go the way of Arar, Lebron, Doe, and Rasul–with courts holding that there should be no...
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