WHAT IS THE ROLE OF THE JUDICIARY IN THE
GLOBAL WAR ON TERRORISM?
Confirmed Panelists Include:
Mr. Bradford A. Berenson, Sidley Austin Brown & Wood, LLP
Mr. John D. Hutson, Dean and President, Franklin Pierce Law Center and Rear Admiral (ret.); formerly the Navy JAG
Ms. Barbara Olshansky, Center for Constitutional Rights
Hon. Barrington D. Parker, Jr., United States Circuit Judge, United States Court of Appeals, Second Circuit
Mr. David B. Rivkin, Jr., Baker & Hostetler
Hon. Loren A. Smith, Senior Judge, United States Court of Federal Claims
Since September 11, 2001, most legal debate has focused on the extent of the President's power to wage war and what role Congress should play once it has authorized the use of force. In contrast, our panel will consider the role of the "least dangerous branch" of government--the judicial branch--in wartime. Should courts be highly deferential to the executive in the global war on terrorism? If so, what are the limits to this deference? If not, how far should the courts go? Does the global war on terrorism present special problems for the judiciary? What role did the Founders envision that the courts should play in wartime legal battles? This panel will look at the role of the courts and judges in deciding wartime habeas corpus petitions and challenges to the President's executive and commander-in-chief power to wage war in certain ways. The panel will also consider the courts' tradition of resolving these issues by invoking justiciability doctrines.
DATE: Tuesday, June 7, 2005
TIME: 7:00 p.m.
LOCATION: Association of the Bar of the
City of New York
Great Hall
42 West 44th Street
New York, N.Y.
The Federalist Society
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email:
fedsoc@radix.net
phone: 202-822-8138
web:
http://www.fed-soc.org
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