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News, Noah Feldman, Published on 05/10/2017
» The secession of a region without constitutional authority is a big deal, as referendums in Catalonia and Kurdistan have shown in the last week. To get a sense of the possible consequences, think of the US Civil War, which started because Southern states insisted they could secede while Northern states said such a right was nowhere in the US Constitution.
News, Noah Feldman, Published on 28/07/2017
» A ban on transgender people serving in the US military would probably be unconstitutional under any circumstances. But President Donald Trump has pretty much guaranteed that courts would strike down such a ban by announcing it on Wednesday on Twitter, without any real justification.
News, Noah Feldman, Published on 20/01/2017
» Innocent men detained for months or years after the Sept 11 attacks on suspicion of being Muslim will get their day in the US Supreme Court on Wednesday. The odds don't look good. The court will probably dismiss their constitutional suit against the government officials who implemented the policies that arrested immigrants who had overstayed their visas and held them in abusive conditions until after they had been affirmatively proved innocent, and sometimes beyond.