My latest for @MSNBC looks at the Pentagon’s investigation into the August drone strike that killed 10 Afghan civilians, including 7 children, and what their conclusions say about how our military thinks about drone warfare: msnbc.com/opinion/americ…
“It is a horrifying wake-up call that comes as no surprise to those who have followed the advent and expansion of drone warfare. But, as with all recurring horrors, there are moments that prompt more attention than others — and sometimes even change.” msnbc.com/opinion/americ…
In the column, I discuss problems with the investigation, with the initial review of the strike (and the review of that review), and — ultimately — with the attack itself. msnbc.com/opinion/americ…
The Pentagon told us that the intelligence assessment that led to 7 children being killed was “regrettably inaccurate,” prompting the “regrettable strike,” leading to “regrettable civilian casualties.” None of that was negligence, the review concluded. msnbc.com/opinion/americ…
I expanded on something I mentioned here when the review came out: This is all so damning bc “despite the many mistakes listed as having been made in the lead-up to the strike, the Pentagon has concluded that those involved exercised a reasonable amount of care in their actions.”
BREAKING: The U.S. Supreme Court holds that a district court cannot enforce its remedy order providing due process to the 8 people the Trump admin sent out of the U.S. (who are now in Djibouti) in violation of the injunction in the third country removals case, which the Supreme Court later stayed.
The apparent 7-2 vote — with Kagan joining the Republican appointees on the procedural question of the district court's power — is appalling abdication of its role in our constitutional republic.
The short of it is seven justices said Trump can send these 8 people to South Sudan with no process.
Here is the "clarification" order, as well as Kagan's concurrence and Sotomayor's dissent for her and Jackson: supremecourt.gov/opinions/24pdf…
BREAKING: Supreme Court upholds district court order that the Trump administration "facilitate" the return of Kilmar Abrego Garcia, who was improperly sent to El Salvador.
A part of the government's request to vacate the original order is "effectively granted" b/c the deadline passed, SCOTUS holds, but the rest of the order stands. As to the requirement to "effectuate" Abrego Garcia's return, the district court should "clarify" that, w/ deference to executive.
BREAKING: On a 5-4 vote, the Supreme Court allows the Education Dep't to halt payment of grants.
A district court issued a TRO blocking the cancelation of the grants in a suit brought by eight states. The appeals court refused a stay pending appeal.
Today, SCOTUS stayed the TRO—blocking payments.
Thomas, Alito and the three Trump appointees formed the five-justice majority who issued the unsigned per curiam opinion.
Roberts wrote nothing but noted he would have denied the application.
Kagan and Jackson wrote dissents. Sotomayor joined Jackson's dissent, which does not hold back:
BREAKING: Chief Judge Boasberg issues a classwide, nationwide temporary restraining order, blocking removal of any noncitizens in U.S. custody who are subject to today's AEA order for the next 14 days.
With planes leaving, he says, "I am required to act immediately."
BREAKING: A federal judge this morning issued a temporary restraining order blocking the Trump administration from invoking the Alien Enemies Act of 1798 to deport several Venezuelan nationals with no process.
BREAKING: A federal district court judge in Kentucky vacates the Biden administration's Title IX rule, challenged largely for its transgender protections, a decision with nationwide effect.
The rule had been blocked in over half over the country as a result of several different challenges, but there had been no nationwide ruling — and appeals are pending in several appeals courts.