- Professor Thomas Folsom, Regent Law
Can federal officials be held liable personally for enforcing the “hold until clear” policy following the attacks on 9/11? Jamil Jaffer, Director of the Homeland and National Security Law Program at the Antonin Scalia Law School, explains the dispute in the upcoming Supreme Court Case Ashcroft v. Abbasi. Questions before the Court include whether a group of individuals who were arrested immediately after 9/11 have standing to bring a Bivens claim for violation of their constitutional rights, whether the federal officials enforcing the policy are entitled to qualified immunity, and whether the officials acted based on racial discrimination or a concern for national security. The Supreme Court will hear oral argument on January 18th.
President-elect Trump has made counterterrorism a focal point of his administration. The disciplined use of metadata, surveillance, intelligence collection, and information sharing is vital to counterterrorism efforts. Drawing on his former experience as a prosecutor, judge, and the second United States Secretary of Homeland Security, the Hon. Michael Chertoff offered guidance on how these tools can be used most effectively to protect against security challenges such as crowd-sourced terrorism and hostile nation states.
This panel will consider Justice Scalia's legacy in national security law, revisiting his opinions in major national security cases, including Ashcroft v. al-Kidd, Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush. It will also discuss the influence Justice Scalia's jurisprudence has exerted on national security law more broadly and his views on the role of the courts reviewing national security policy.
This panel was held on November 18, 2016, during the 2016 National Lawyers Convention in Washington, DC.
International & National Security Law: Justice Scalia’s Jurisprudence and National Security
3:15 p.m. – 5:00 p.m.
The Mayflower Hotel