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Courts at War - Executive Power, Judicial Intervention, and Enemy Combatant Policies since 9/11 (Hardcover)
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Courts at War - Executive Power, Judicial Intervention, and Enemy Combatant Policies since 9/11 (Hardcover)
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On June 28, 2004, the US Supreme Court broke with a long-standing
tradition of deference to the executive in wartime national
security cases and became an important actor in an armed conflict.
By declining to rubber-stamp the executive branch's actions, the
judiciary would henceforth play a major role in shaping national
security policies in the war on terror. After the September 11,
2001, terrorist attacks, lawyers, lawsuits, and court decisions
have repeatedly altered the landscape in the policy areas of
detention and military commissions. In Courts at War Gregory Burnep
explores how, after 9/11, lawyers and judges became deeply involved
in an armed conflict, with important consequences for presidential
authority, the separation of powers, and the treatment of
individuals suspected of posing a threat to the United States.
Courts at War goes beyond the post-9/11 armed conflict. It analyzes
the changes in the position of courts vis-A-vis the other branches
of government (courts in conflict with the executive, the
legislature, or both)-even courts in conflict with other courts.
The consequences included increased checks on presidential
authority and greater levels of due process for suspected
belligerents held in US custody. But Burnep also shows that there
are unintended consequences that accompany these developments.
Burnep innovatively applies an interbranch perspective to
persuasively argue that litigation and judicial involvement have
important implications for changing patterns of policy development
in a wide range of national security policy areas, including
surveillance, interrogation, targeted killings, and President
Trump's travel ban.
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