Articles by Halle Wagner

Case Law

United States v. Zubaydah

March 15, 2022 Halle Wagner 0

Despite the Biden administration’s approval of eighteen transfers, thirty-nine detainees remained at the military prison in the U.S. Naval Station in Guantánamo Bay, Cuba as of January, 2021. Zayn al-Abidin Muhammad Husayn is one of those thirty-nine.  Held without charge by the United States for almost two decades, Zayn al-Abidin Muhammad Husayn, otherwise known as Abu Zubaydah, not only petitioned a federal court for his release, but also seeks to compel the United States Government to declassify evidence surrounding his treatment by the CIA prior to his arrival at Guantánamo Bay.  Facts of the Case: Since 2011, the Supreme Court of the United States has not ruled on a case concerning state secrets privilege.  This judicially created, evidentiary privilege allows the federal government to resist court-ordered disclosure of information during litigation if there is a reasonable danger that such disclosure would harm the national security of the United States. State […]

Case Law

Carson v. Makin

November 15, 2021 Halle Wagner 0

In a 5-4 panel on June 30, 2020, the United States Supreme Court ruled to reverse and remand the Montana Supreme Court’s ruling on Espinoza v. Montana Department of Revenue. Thus, the Supreme Court concluded that tax-credit funded scholarships meant to help students attend private schools cannot exclude religious institutions from receiving funding simply because they are religious. However, next month on December 8, the Supreme Court will hear Carson v. Makin, a critical case concerning a challenge to the Maine Department of Education’s use of state tuition dollars to supplement nonsectarian schools. The justices will address the question of whether or not a state violates the constitution by operating a program providing students with money to attend private schools but inhibits them from attending schools providing religious instruction. As this question was left unresolved in Espinoza last summer, the Carson case demonstrates the potential to overturn the precedent set […]