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Due Process

Gay Marriage in the Supreme Court - Podcast

Religious Liberties Practice Group Podcast
Gerard V. Bradley, Ilya Shapiro January 28, 2015

On January 16, 2015, the Supreme Court granted cert in four same-sex marriage cases from the Sixth Circuit (one case from each of four states of the circuit, -- Ohio, Michigan, Tennessee, Kentucky). The Court called for Reply Briefs by April 17, with oral argument and decision expected this term. Cert was granted on two questions about the Fourteenth Amendment. The questions are: whether the Fourteenth Amendment "require[s]" a "state to issue a marriage license to two people of the same sex", and/or "to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed" in another state or jurisdiction.

The relationship between the two questions is asymmetrical. An affirmative answer to the first settles the second likewise, where the Court could coherently, hold that states must recognize out-of-state same-sex marriages, but not necessarily license them.

  • Prof. Gerard V. Bradley, University of Notre Dame Law School
  • Ilya Shapiro, Senior Fellow in Constitutional Studies, The Cato Institute

Surveillance, National Security, and Privacy: The PCLOB Report on Section 702 Surveillance - Podcast

International & National Security Law Practice Group Podcast
Rachel Brand, James X. Dempsey, Matthew R.A. Heiman August 14, 2014

The Privacy and Civil Liberties Oversight Board (PCLOB) recently released its report on the surveillance program authorized under Section 702 of the Foreign Intelligence Surveillance Act. The report includes an evaluation of whether the surveillance program comports with the terms of the statute, an evaluation of the Fourth Amendment issues raised by the program, and a discussion of the treatment of non-U.S. persons under the program. Also, the report makes policy recommendations for the program going forward. Two members of the PCLOB will discuss the report on this Teleforum and answer audience questions.

  • Hon. Rachel Brand, Chief Counsel for Regulatory Litigation, National Chamber Litigation Center, United States Chamber of Commerce; Member, Privacy and Civil Liberties Oversight Board; former Assistant U.S. Attorney General for Legal Policy, United States Department of Justice
  • Hon. James X. Dempsey, Senior Counsel, Center for Democracy & Technology; Member, Privacy and Civil Liberties Oversight Board
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Ethics Officer, Tyco

Privacy and National Security: The Merits of the Leahy FISA Reform Bill - Podcast

International & National Security Law Practice Group Podcast
Stewart A. Baker, Harley Geiger August 13, 2014

Following the Snowden leaks, the country is once again re-examining the proper balance between national security and individual privacy. Senator Patrick Leahy (Vermont) has introduced a bill that would revise aspects of certain NSA surveillance programs. Two leading experts addressed the merits of this bill.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP
  • Harley Geiger, Senior Counsel and Deputy Director, Freedom, Security and Surveillance Project, Center for Democracy & Technology

The Legal and Policy Implications of Closing Guantánamo Bay - Podcast

International & National Security Law Practice Group Podcast
John O'Quinn, Stephen I. Vladeck June 11, 2014

Guantanamo BayWould relocation of War on Terror detainees currently held at Guantánamo Bay, Cuba into the United States result in detainees’ possible eligibility for removal from the U.S. under any grounds, or give to those detainees additional U.S. constitutional rights they do not currently possess? Would their relocation result in a new spate of litigation designed to assert such claims, even if those claims are not ultimately successful? As a policy matter, is relocation a good idea? Our experts discussed these and other questions, many of which are also addressed in the May 14, 2014, Department of Justice report, linked here.

  • John C. O'Quinn, Partner, Kirkland & Ellis LLP
  • Prof. Stephen I. Vladeck, Associate Dean for Scholarship, American University Washington College of Law