State or federal, supreme, intermediate appellate, or trial.
So the U.S. Court of Appeals for the 8th Circuit held today, in Gerlich v. Leath.
A CIA employee with narcolepsy; metallurgical thievery; and an arrest for not showing ID.
This question apparently came up in a recent border crossing of a U.S. citizen. Here's an overview of some of the legal issues, with the caveat that I'm not sure of the correct answer.
A thoughtful and interesting analysis, from one of the nation's top conservative constitutional scholars.
What should an originalist judge do when original meaning isn't enough to decide the case?
My colleague Sam Bray highly recommends Tomas Gomez-Arostegui's "What History Teaches Us About U.S. Copyright Law and Statutory Damages"
The court insisted -- quite properly -- that the government provide some justification for the specific actions it took in the executive order.
It is only a preliminary ruling. But significant nonetheless.
The court's ruling on Trump's immigration executive order uses statements made before an official even took office to interpret -- and limit -- his official acts.

