U.S. Judicial Independence: Victim in the "War on Terror"

This Article catalogs the principal cases first by the nature of the govenrment action challenged and then by the special doctrines invoked. What I attempt to show is that the Judiciary has virtually relinquished its valuable role in the U.S. system of governance, which depends on judicial review. In the face of governmental claims of crisis and national security needs, the courts have refused to examine, or have examined with undue deference, the actions of government officials. Oddly enough, the mostly Republican Supreme Court has shown more stiff resistance than most of the lower cours, but still has ducked some significant issues.