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Immigration Cases in the Supreme Court - Podcast

International & National Security Law Practice Group Podcast
John C. Eastman June 23, 2015

On June 15, 2015, the U.S. Supreme Court issued ruling in two important immigration cases: Mata v. Lynch and Kerry v. Din.

In Mata v. Lynch, the Court overturned the Fifth Circuit’s refusal to hear an appeal of the Board of Immigration Appeals’ decision to dismissal of Noel Reyes Mata’s request to appeal his deportation to Mexico, holding that the Fifth Circuit erred in declining to take jurisdiction over Mr. Mata’s appeal.

In Kerry v. Din, the Court overturned the Ninth Circuit’s ruling that petitioner Fauzia Din was denied constitutional due process protections when her husband, Kanishka Berashk, a resident citizen of Afghanistan and a former civil servant in the Taliban regime, was denied an immigration visa to the United States on the grounds that he was inadmissable under American law that excludes aliens who have engaged in “[t]errorist activities,” and when Mrs. Din and Mr. Berashk were subsequently denied review of their appeal in U.S. District Court. The Court held that the U.S. Government’s long practice of regulating immigration, which has included erecting serious impediments to a person’s ability to bring a spouse into the United States, precludes Mrs. Din’s claim.

Our expert, Chapman University School of Law Prof. John C. Eastman, analyzed these opinions and offered his perspectives of their impact on immigration policy.

  • Prof. John C. Eastman, Director, Center for Constitutional Jurisprudence, Henry Salvatori Professor of Law and Community Service, Chapman University Dale E. Fowler School of Law

National Insecurity: Is the Law the Enemy's Weapon? - Event Audio/Video

2015 National Security Symposium
Andrew C. McCarthy May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this luncheon address during the 2015 National Security Symposium on April 29 in Washington, D.C.

Luncheon Address: "National Insecurity: Is the Law the Enemy's Weapon?"
11:45 a.m. - 1:00 p.m.

  • Andrew C. McCarthy, Senior Fellow, National Review Institute

April 29, 2015
Washington, DC

Are We @Cyberwar, and If So, How Should We Fight It? - Event Audio/Video

2015 National Security Symposium
Stewart A. Baker, Eric Jensen, Catherine B. Lotrionte, John C. Yoo, Jeremy A. Rabkin May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Panel II: "Are We @Cyberwar, and If So, How Should We Fight It?"
10:30 a.m. - 11:45 a.m.

Several significant cyber incidents, including the recent Sony hack, have been attributed to nation-states or groups closely associated with nation-states.  The Intelligence Community's most recent Worldwide Threat Assessment predicts "an ongoing series of low-to-moderate level cyber attacks from a variety of sources over time, which will impose cumulative costs on U.S. economic competitiveness and national security."  It identifies Russia, China, Iran and North Korea as Threat Actors.  An expert panel will analyze whether any cyber incidents should be considered acts of war, whether U.S. responses be governed by the Law of Armed Conflict, what kinds of incidents warrant responses, and what those responses might be.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP, former Assistant Secretary of Policy, Department of Homeland Security, and former General Counsel, National Security Agency
  • Prof. Eric Talbot Jensen, Brigham Young University Law School, and former Chief, International Law, Office of The Judge Advocate General, U.S. Army
  • Catherine B. Lotrionte, Director, CyberProject, School of Foreign Service, Georgetown University, and former former Counsel to the President's Foreign Intelligence Advisory Board, former Assistant General Counsel, Office of General Counsel, Central Intelligence Agency
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law, former Deputy Assistant U.S. Attorney General, Office of Legal Counsel
  • Moderator: Prof. Jeremy A. Rabkin, George Mason University School of Law

April 29, 2015
Washington, DC

How to Manage the Intelligence Community - Event Audio/Video

2015 National Security Symposium
Dean A. Reuter, Michael Allen, Eli Lake, Benjamin Powell, Matthew R.A. Heiman May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Welcome and Introduction
8:55 a.m.

  • Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society

Panel I: "How to Manage the Intelligence Community"
9:00 a.m. - 10:15 a.m.

Since September 11, 2001, the intelligence community has been at the center of key national security events including the wars in Iraq and Afghanistan, the hunt for Osama Bin Laden and other key terrorism figures, leaks by Edward Snowden, and disclosures about the CIA's rendition program. During that same period of time, the management of the intelligence community has been reformed, executive agencies have reorganized themselves to better interact with the intelligence community, and most recently, the CIA has announced a fundamental reorganization of its key functions. Our panel will consider how the government can best manage the intelligence community. We will discuss the role of Congressional oversight, the ability to demand accountability, whether the current structure of the intelligence community is optimal, and if effectiveness measures can be applied to intelligence work.

  • Michael Allen, Managing Director, Beacon Global Strategies LLC, former Majority Staff Director, House Permanent Select Committee on Intelligence, and former Special Assistant to the President and Senior Director for Counter-proliferation Strategy
  • Eli Lake, Columnist, Bloomberg View
  • Hon. Benjamin A. Powell, Partner, WilmerHale LLP, and former General Counsel to the Director of National Intelligence
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco

April 29, 2015
Washington, DC