Hamdan's effect on NSA Spying Program

July 10, 2006

Over the weekend, Marty Lederman of Georgetown Law and Cass Sunstein of the University of Chicago Law School exchanged insights on Balkinization about the implications of the Hamdan decision on the Administration's NSA Domestic Surveillance Program. The conversation begins with Professor Lederman's entry last Friday, suggesting that "the Hamdan decision fairly decisively undermines whatever slight plausibility (the administration's) argument might previously have enjoyed." Thoughts from both authors are available below.
-Marty Lederman's original post, Friday, July 7th-Cass Sunstein's reply, Saturday, July 8th-Marty Lederman's reply, Sunday, July 9th-Cass Sunstein's closing post, Sunday, July 9th.