Courts at War
Executive Power, Judicial Intervention, and Enemy Combatant Policies since 9/11
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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.