Episode 12: R2P From Above? The Shayrat Airfield Strike and More

April 11, 2017

In this episode, Professors Chesney and Vladeck go deep into the weeds regarding the legal issues raised by President Trump’s decision to launch missiles at the Shayrat Airfield in Syria, in the wake of the sarin gas attack in Idlib.  They discuss that decision in comparison to the 2011 decision by President Obama to use airstrikes in Libya, and along the way grapple with separation of war powers issues, AUMFs, the UN Charter, and the Responsibility to Protect (R2P).  After that extensive discussion, they turn their attention to the controversial (and quickly defeated) attempt by Customs and Border Protection to force Twitter to reveal the identity of the user behind @ALT_USCIS (a mock-account that has been critical of administration immigration policy), and they explore the Third Circuit’s Castro decision on the ability of non-citizens to invoke habeas jurisdiction when they are present inside the United States but without authorization (since the Supreme Court will be considering whether to take up this case during its conference this Thursday).  Last, Alexander Hamilton makes a surprising but inspired Passover appearance.

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