Despite the increased number of complex national security cases appearing before federal judges since 9/11, the judiciary should remember that the Constitution does not give it a role in national security, according to panelists during the American Bar Association Standing Committee on Law and National Security’s 22nd Annual Review of the Field of National Security Law Nov. 29. Judges need to recognize the role that members of Congress and executive branch have, they said.
Panelists in order of appearance:
- Robert Chesney, professor of law, University of Texas, Austin School of Law
- James Robertson, retired judge, District Court for the District of Columbia
- Brett M. Kavanaugh, judge, U.S. Court of Appeals for the District of Columbia
- Deborah Pearlstein, assistant professor of law, Cardozo School of Law.