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Martin S. Lederman

Associate Professor of Law

A.B., University of Michigan; J.D., Yale

Areas of Expertise:

Constitutional Law

Professor Lederman was Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in...

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Professor Lederman was Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002.  From 1988 to 2004, he was an attorney at Bredhoff & Kaiser, where his practice consisted principally of federal litigation, including appeals, on behalf of labor unions, employees and pension funds.  In 2008, with David Barron, he published a two-part article in the Harvard Law Review examining Congress's authority to regulate the Commander in Chief's conduct of war.  

Prior to rejoining the Department of Justice, he was a regular contributor to several blogs and web sites, including Balkinization, SCOTUSblog, Opinio Juris, and Slate, writing principally on issues relating to separation of powers, war powers, torture, detention, interrogation, international law, treaties, executive branch lawyering, statutory interpretation and the First Amendment.  He served as law clerk to Chief Judge Jack B. Weinstein on the United States District Court for the Eastern District of New York, and to Judge Frank M. Coffin on the United States Court of Appeals for the First Circuit.

Recent Scholarship

Forthcoming Works and Works in Progress

  • Martin S. Lederman, The Law (?) of the Lincoln Assassination, 118 Colum. L. Rev. (forthcoming).    [SSRN] [Gtown Law]

Contributions to Law Reviews and Other Scholarly Journals

  • Martin S. Lederman, Of Spies, Saboteurs, and Enemy Accomplices: History’s Lessons for the Constitutionality of Wartime Military Tribunals, 105 Geo. L.J. 1529-1680 (2017).    [W] [SSRN] [Gtown Law] [WWW]
  • Martin S. Lederman, Reconstructing RFRA: The Contested Legacy of Religious Freedom Restoration, 125 Yale L.J. F. 416-441 (2016).    [W] [Gtown Law] [WWW]
View all scholarship

All Scholarship 2006 - Present

Forthcoming Works and Works in Progress

  • Martin S. Lederman, The Law (?) of the Lincoln Assassination, 118 Colum. L. Rev. (forthcoming).    [SSRN] [Gtown Law]

Contributions to Law Reviews and Other Scholarly Journals

  • Martin S. Lederman, Of Spies, Saboteurs, and Enemy Accomplices: History’s Lessons for the Constitutionality of Wartime Military Tribunals, 105 Geo. L.J. 1529-1680 (2017).    [W] [SSRN] [Gtown Law] [WWW]
  • Martin S. Lederman, Reconstructing RFRA: The Contested Legacy of Religious Freedom Restoration, 125 Yale L.J. F. 416-441 (2016).    [W] [Gtown Law] [WWW]
  • Martin S. Lederman & David Jeremiah Barron, The Commander in Chief at the Lowest Ebb -- A Constitutional History, 121 Harv. L. Rev. 941-1111 (2008).    [HEIN] [W] [Gtown Law] [WWW]
  • Martin S. Lederman & David Jeremiah Barron, The Commander in Chief at the Lowest Ebb -- Framing the Problem, Doctrine, and Original Understanding, 121 Harv. L. Rev. 689-804 (2008).    [HEIN] [W] [Gtown Law]
  • Martin S. Lederman (Moderator), Bert Brandenberg, Roy A. Schotland, Richard Briffault, Michael DeBow, R. William Ide et al., Participants in Panel 2 at The Debate Over Judicial Elections: Judicial Elections, Speech During Campaigns, Republican Party of Minnesota v. White and its Consequences and Campaign Finance, 21 Geo. J. Legal Ethics 1372-1401 (2008).    [HEIN] [W]
  • Martin S. Lederman & David D. Cole, The National Security Agency's Domestic Spying Program: Framing the Debate, 81 Ind. L.J. 1355-1425 (2006).    [HEIN] [W] [Gtown Law]

Book Chapters and Collected Works

  • Martin S. Lederman & David D. Cole, The National Security Agency's Domestic Spying Program: Framing the Debate, in National Security, Civil Liberties, and the War on Terror 306-310 (M. Katherine B. Darmer & Richard D. Fybel eds., Amherst, N.Y.: Prometheus Books 2011).    [BOOK]
  • Martin S. Lederman, Constitutionality of the Ronald Reagan Centennial Commission Act of 2009: Memorandum Opinion for the Acting Assistant Attorney General for the Office of Legislative Affairs, in 2010 Green Bag Alm. 356-362 (Ross E. Davies ed., D.C.: Green Bag Press 2009).    [BOOK]

U.S. Supreme Court Briefs

  • Brief for Professors Samuel Bagenstos, Michael C. Dorf, Martin S. Lederman and Leah M. Litman as Amici Curiae in Support of Respondent, Gloucester Cty. Sch. Bd. v. G.G., No. 16-273 (U.S. Mar. 2, 2017).    [WWW]
  • Brief of Amici Curiae Scholars of Religious Liberty Sarah Barringer Gordon, R. Kent Greenawalt, Martin S. Lederman, Ira C. Lupu, and Robert W. Tuttle in Support of Respondents, Zubik v. Burwell, Nos. 14-1418, 14-1453, 14-1505, 15-35, 15-105, 15-119, 15-191, (U.S. Feb. 17, 2016).    [WWW]
  • Brief of Former Federal Immigration and Homeland Security Officials as Amici Curiae in Support of the United States, U.S. v. Texas, No. 15-674 (U.S. Mar. 8, 2016).   
Recent scholarship

In the News

"Justice Department Faces Questions for Supreme Court Attack on ACLU Ethics," by the National Law Journal, November 9, 2017, quoting Professor Martin Lederman. A similiar article by LawNewz was published on November 10, 2017.

 

"Justice Department Faces Questions for Supreme Court Attack on ACLU Ethics," coverage in The National Law Journal, November 9, 2017, featuring Associate Professor Martin Lederman.

"From Foreign Gifts To Twitter Tiffs: 4 Novel Questions Under Trump," coverage in Law 360, November 7, 2017, featuring Law 360, featuring Professors Martin S. Lederman and Louis Michael Seidman.

"Should the New York Truck Killer Be Sent to Gitmo? Would It Be Legal?," an opinion piece by Associate Professor Martin Lederman, appearing in Newsweek, November 2, 2017.

"With Gorsuch filling out bench, Supreme Court ready to break ground on high-profile cases," coverage by The Washington Times, October 1, 2017, quoting Associate Professor Marty Lederman.

View all News

All News

"Justice Department Faces Questions for Supreme Court Attack on ACLU Ethics," by the National Law Journal, November 9, 2017, quoting Professor Martin Lederman. A similiar article by LawNewz was published on November 10, 2017.

 

"Justice Department Faces Questions for Supreme Court Attack on ACLU Ethics," coverage in The National Law Journal, November 9, 2017, featuring Associate Professor Martin Lederman.

"From Foreign Gifts To Twitter Tiffs: 4 Novel Questions Under Trump," coverage in Law 360, November 7, 2017, featuring Law 360, featuring Professors Martin S. Lederman and Louis Michael Seidman.

"Should the New York Truck Killer Be Sent to Gitmo? Would It Be Legal?," an opinion piece by Associate Professor Martin Lederman, appearing in Newsweek, November 2, 2017.

"With Gorsuch filling out bench, Supreme Court ready to break ground on high-profile cases," coverage by The Washington Times, October 1, 2017, quoting Associate Professor Marty Lederman.

"Here Are the Biggest Cases Coming Up at the Supreme Court This Term," coverage by Bloomberg, September 28, 2017, quoting Associate Professor Martin Lederman.

"Supreme Court faces blockbuster term -- and Trump," coverage by USA Today, September 26, 2017, quoting Associate Professor Martin Lederman.

"Trump’s newest travel ban order has many of the same flaws as the old," a Vokokh Conspiracy opinion piece in The Washington Post, September 25, 2017, referencing Associate Professor Martin Lederman's Just Security blog.

"Reminder: The “Travel Ban” Expires This Morning (Probably Ending the Case, At Least for Now)," a piece by Associate Professor Martin Lederman, Just Security, September 24, 2017.

"Supreme Court to weigh free speech, discrimination in wedding cake case," coverage by The Hill, September 23, 2017, quoting Associate Professor Martin Lederman.

"Changes likely ahead for Trump travel ban;Revisions may add countries, alter court challenge," coverage in USA Today, September 22, 2017, quoting Associate Professor Martin Lederman. Coverage also by U.S. News & World Report and Bloomberg Law.

"Travel ban revisions may add countries, alter court challenge," in USA Today, September 22, 2017, quoting Professor Martin Lederman.

"When Beliefs and Identities Clash in Court," in the Atlantic, September 18, 2017, referencing Professor Martin Lederman.

"Trump Doesn't Have the Authority to Attack North Korea Without Congress," coverage in The Atlantic, August 30, 2017, quoting Associate Professor Martin Lederman.

"Could Congress stop Trump from bombing North Korea?," coverage by CNN, August 10, 2017, quoting Associate Professor Martin Lederman.

"Trump’s constitutional objections to sanctions raise old arguments," coverage by Constitution Daily, August 3, 2017, quoting Associate Professor Marty Lederman.

"Trump’s Signing Statement on the Russia Sanctions Bill, Explained," coverage by The New York Times, August 2, 2017, quoting Associate Professor Martin Lederman.

"Trump’s Cabinet is reportedly holding White House Bible studies. Is that unconstitutional?," coverage by Mic, August 1, 2017, quoting Associate Professor Martin Lederman.

"Can President Trump Pardon Himself," a PBS/NewsHour broadcast, July 21, 2017, quoting Professor Martin Lederman.

"The Hawaii plaintiffs’ motion to clarify that the amended P.I. still protects grandparents, et al. (and most refugees)," a piece by Associate Professor Marty Lederman, in Just Security, June 29, 2017.

"Trump's Limited Travel Ban Victory," coverage by The Atlantic, June 26, 2017, quoting from Associate Professor Martin Lederman's Just Security piece.

"It’s All About that Stay (and Its Surprising Limits)," a piece by Associate Professor Martin Lederman in Just Security, June 26, 2017.

"Should Rosenstein Step Away from Russia Probe?," coverage in Voice of America, June 21, 2017, featuring Associate Professor Marty Lederman.

"'A Promise Must Never Be Broken,'" coverage by Forbes, June 14, 2017, citing to an opinion piece by Associate Professor Marty Lederman.

"Trump Can’t Just Fire The Special Counsel Probing Russian Interference," coverage by the Huffington Post, June 13, 2017, quoting Associate Professor Marty Lederman.

"Why Trump Can’t (Lawfully) Fire Mueller," an opinion piece by Associate Professor Marty Lederman, in Just Security, June 13, 2017.

"Supreme Court is asked to give an early verdict on Trump's travel ban," coverage in the Los Angeles Times, June 2, 2017, quoting Associate Professor Martin S. Lederman.

"Rosenstein Cameo Adds Drama to Hectic Hill Day," coverage by Roll Call, May 11, 2017, quoting Associate Professor Marty Lederman.

"An Odd and (perhaps) Telling Omission in the Rosenstein Memo," an opinion piece by Associate Professor Marty Lederman, in Just Security, May 10, 2017.

"A Warning on Trump’s Religious Liberty Order," coverage by The New York Times, May 10, 2017, quoting Associate Professor Marty Lederman.

"Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful," an opinion piece by Associate Professor Marty Lederman, in Just Security, May 9, 2017.

"ACLU Won’t Be Suing Trump Over His ‘Religious Liberty’ Order After All," coverage in the Huffington Post, May 4, 2017, quoting Professor Marty Lederman.

"The Supreme Court Considers Whether Churches Should Get Taxpayer Dollars," coverage by The Atlantic, April 19, 2017, quoting Associate Professor Martin Lederman.

"Was Trump’s Bombing Syria Legal—And Does It Matter?," coverage by the Verdict, April 19, 2017, citing to Associate Professor Martin Lederman.

"Congress Calls For Vote On Authorizing Use Of Force In Syria," an interview with Associate Professor Marty Lederman, on All Things Considered, NPR, April 7, 2017.

"Large-scale military intervention against Assad requires congressional authorization," coverage in The Washington Post, April 6, 2017, featuring Associate Professor Martin Lederman.

"Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution," an opinion  piece by Associate Professor, Martin Lederman, in Just Security, April 6, 2017.

"Immigration, Religious Freedom Part of Executive Orders," coverage by The Washington Informer, February 8, 2017, quoting Associate Professor Marty Lederman.

"States, DOJ Argue Whether Trump's Travel Ban Should Stay Suspended," coverage by NPR, February 7, 2017, quoting Professor Marty Lederman.

"Getting a handle on the litigation challenging the seven-nation “travel ban,” coverage in Just Security, February 6, 2017, an opinion piece by Professor Marty Lederman.

"Donald Trump reportedly planning executive order declaring pre-marital sex, same-sex marriage and abortion to be wrong," coverage in The Independent, February 2, 2017, Featuring Professor Martin Lederman.

"Executive Order 13769: America at Its Best and Its Worst," coverage in Foreign Policy Research Institute, February 1, 2017, featuring Professor Martin Lederman.

"Leaked Draft of Trump’s Religious Freedom Order Reveals Sweeping Plans to Legalize Discrimination," coverage in The Nation, February 1, 2016, featuring Professor Martin Lederman.

"Sally Yates did the right thing," an opinion piece by Professor Martin Lederman, in Just Security, January 31, 2017.

"Pentagon Civilian Casualty Toll in ISIS War a Fraction of Independent Estimates," coverage by The Intercept, November 15, 2016, quoting Associate Professor Marty Lederman.

"Good news: DoD to correct proportionality sections of Law of War Manual," a piece by Professor Martin Lederman, in Just Security, Nov. 14, 2016.

"Supreme Court in Holding Pattern, Awaiting Ninth Justice," coverage in The New York Times, October 1, 2016, featuring Professor Martin Lederman.

"Why Dylann Roof's lawyers are challenging federal hate crimes law," coverage in The Christian Science Monitor, July 7, 2016, referencing a piece by Professor Martin Lederman and a memo written while serving as Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel.

"SCOTUS by the Numbers: Odd Votes, New Roles," coverage in Bloomberg/BNA, June 30, 2016, featuring Professor Marty Lederman.

"Even Christian Pharmacists Have to Stock Plan B," coverage in The Atlantic, June 29, 2016, mentioning Professor Marty Lederman.

"Troubling proportionality and rule-of-distinction provisions in the Law of War Manual," a piece by Professor Martin Lederman, in Just Security, June 27, 2016.

"How should we include transgender people under the law?," coverage in The Washington Post, June 13, 2016, featuring Professors Gregg Bloche and Marty Lederman.

"Bloomberg Law Brief: Supreme Court “Punts” on Obamacare (Audio)," coverage in Bloomberg, May 17, 2016, featuring Martin S. Lederman.

Presidential power in an era of polarized conflict,” coverage in Harvard Law Today, April 21, 2016, quoting Professor Marty Lederman speaking at the conference “Presidential Power in an Era of Polarized Conflict.”

"The Default Rule of Prosecutorial Discretion," coverage by Dorf on Law, April 4, 2016, mentioning Professor Martin Lederman.

Georgetown Law panel on DOD Law of War Manual,’ a piece by Professor Marty Lederman, in Just Security, April 1, 2016.

 "Should (and can) the CIA use non-covert force against ISIL in Iraq and Syria?" a piece by Professor Marty Lederman, Just Security, March 26, 2016.

"Attorney General questions plans for moving Guantánamo prisoners to U.S.," coverage in The Miami Herald, November 17, 2015, quoting Professor Martin Lederman

Businesses See Chance to Derail Lawsuits as High Court Returns,” coverage by Bloomberg BNA, Oct. 5, 2015, quoting Professor Martin Lederman.

"Supreme Court to Consider Thorny Constitutional Law Questions," coverage in the Epoch Times, Septmber 28, 2015, featuring Professors David Cole and Martin Lederman and alumna Erin Murphy, L'06.  

"Kentucky clerk Kim Davis might go back to jail for interfering with marriage licenses," Vox, September 23, 2015, mentioning Professor Martin Lederman

"Conservative decisions on Obamacare subsidies and gay marriage would cleave the nation in two," Slate, June 24, 2015, mentioning Professor Martin Lederman.

"A Debate Over How Long Democracy Can Wage Battles in Shadows," coverage in The New York Times, May 14, 2015 quoting Professor Martin Lederman.

"Morning Wrap: NSA Surveillance Sack'd; Law School Commencement Speaker Circuit," Blog of the Legal Times, May 8, 2015, mentioning Professor Martin Lederman.

Reading This Magazine Could Land You in Jail,” coverage in Foreign Policy, March 25, 2015, quoting Professor Martin S. Lederman.

Prosecute Tom Cotton for the Iran Letter? You Must be Joking,” covered by the New Republic, March 11, 2015, quoting Professor Martin S. Lederman.

"What could a Republican president do with Obama's executive power theories?," coverage in Vox, November 21, 2014, quoting Professor Martin Lederman.

"Jerusalem-Born American Thrusts Court Into Mideast Debate," coverage in Bloomberg News, November 3, 2014, featuring Professor Martin Lederman.

"Sixth Circuit reverses Amish beard-cutting hate crime convictions," coverage in The Washington Post, September 1, 2014, featuring Professor Martin Lederman.

"White House issues new fix for contraceptive coverage," coverage by MSNBC, August 22, 2014, featuring Professor Martin Lederman.

"Rare Unanimity In Supreme Court Term, With Plenty Of Fireworks," coverage by NPR's Morning Edition, July 6, 2014, quoting Professors Martin Lederman, Louis Michael Seidman, and Neal Katyal.

"Supreme Court Breakfast Table,"  by Walter Dellinger in Slate, June 25, 2014, featuring Professors Marty Lederman and Irv Gornstein. 

"Was the POW swap for Sgt. Bowe Bergdahl legal?," coverage by MSNBC, June 2, 2014, and ""Clash Over Taliban Release Unlikely To Be Resolved In U.S. Courts," coverage by Reuters, June 3, 2014, featuring Professor Martin Lederman. 

"Roberts Reunites High Court Majority After Obamacare Vote," coverage in Bloomberg, May 19, 2014, featuring Professor Martin Lederman.

"Please, Liberals: Don't Fall for Rand Paul's Latest Filibuster," coverage in The New Republic, May 19, 2014, featuring Professors David Cole and Martin Lederman.

"SCOTUS To Hear Key Contraception Cases," coverage in Al Jazeera America, March 25, 2014, mentioning Associate Professor Martin Lederman.

"Crying Wolf on Religious Liberty," coverage in The New York Times, March 22, 2014, an op-ed mentioning Associate Professor Martin Lederman.

"Are You There God? It's Me, Hobby Lobby,"  coverage in Mother Jones, featuring Professor Martin Lederman, March 21, 2014.

"Obamacare Heads Back to the Supreme Court,"  coverage in USA Today, featuring Visiting Professor Pamela Harris, and Professors Martin Lederman and Randy Barnett, March 20, 2014.

"Religious challenge to health care law hits high court," coverage in USA Today, featuring Professors Martin Lederman and Randy Barnett and Visiting Professor Pamela Harris, March 20, 2014.

"The Butterfly Effect," coverage in The Economist, January 3, 2014, featuring Professor Marty Lederman.

"The End of the Reasonable Observer," an opinion piece in Slate, October 3, 2013, featuring Professor Martin Lederman.

"The Kris Paper, and the Problematic FSIC Opinion on Section 215 "Metadata" Collection Program," an opinion piece by Professor Martin Lederman in Just Security, October 1, 2013.

"Obama's decision to turn to Congress on Syria decision is fodder for debate," Washington Post, September 4, 2013, featuring Professor Martin S. Lederman.

"Unintended Effects in Prop. 8 Appeal?," coverage in the San Francisco Chronicle, February 12, 2013, featuring Professor Martin Lederman.

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