Initial reactions to today's oral argument in Carpenter v. United States.
Latest in U.S. Supreme Court
Microsoft is challenging its compliance with a U.S. search warrant for electronic communications stored on a server in Ireland under the Stored Communications Act. It should be challenging its compliance under the All Writs Act.
Orin Kerr shares his observations on Carpenter v. United States, a case concerning whether the Fourth Amendment applies to government collection of historical cell-site records.
A possible Supreme Court case with real consequences for how federal courts and foreign governments engage on foreign law.
A summary of the procedural history, legal questions, and other matters of interest in United States v. Microsoft.
Jesner v. Arab Bank: The Supreme Court Should Not Miss the Opportunity to Clarify the “Touch and Concern” Test
Jesner v. Arab Bank, a case concerning the Alien Tort Statute in which the Supreme Court will hear oral argument on Wednesday, will give the court a chance to clarify the cryptic "touch and concern" standard.
Orin Kerr, professor at George Washington University Law School, filed an amicus brief today in support of the respondent in Carpenter vs. U.S. The brief, which may be of interest to Lawfare readers, is available here:
Yesterday, the government filed a response brief in Carpenter v. United States, arguing that the Sixth Circuit Court of Appeals decision holding that the government's acquisition of cell phone records did not violate the Fourth Amendment should be affirmed. Counsel for Timothy I. Carpenter filed the cert petition on September 26, 2016, which was granted on June 5, 2017. You can read the full brief here:
Yesterday, Ali Hamza Al Bahlul filed his reply brief on cert in Bahlul v. U.S., which challenges the retroactive designation of conspiracy as a war crime in military commissions. Here's the brief:
The Supreme Court balances the equities again and avoids giving either side all of what it seeks on the merits.