Smith v. Trump

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AUMF

Smith v. Trump: AUMF Challenge Pretrial Motion Summaries

As federal court and national security experts are noting, on Oct. 27, the D.C. Circuit will hear oral argument in Smith v. Trump (formerly Smith v. Obama). The case challenges the propriety of invoking the 2001 and 2002 authorizations for the use of military force (AUMF) to justify the war against the Islamic State (Operation Inherent Resolve).

Donald Trump

Brief for Captain Nathan Smith's Challenge to Presidential War-making

Here is the brief for Captain Smith that was filed yesterday afternoon in the Court of Appeals for the District of Columbia, along with the joint appendix. The case will be ready for argument later this spring. The brief represents a great deal of new research into the fundamental issues by David Remes, myself and a team of Yale law students.

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