“police killings are not the whole story. The protests, and all the policy recommendations that have come with them, are pushing back against other systemic problems too.
Some of those injustices are specific and quantifiable: shootings, unfair traffic stops, arbitrary arrests. Others are vague but no less concerning: feeling you have no recourse for complaints about police, the calculus that can go into the decision to call 911, the sense that an investigation into a reported crime won’t be prioritized, the nervousness and fear that must be tamped down as one works to stay calm and keep an officer calm — all while wondering if you are living your final moments.
Not all of these problems can be measured. The number of police killings per year is a statistic that can be tabulated and broken down into easily digested parts: killings per region, per department, per time of day, per ethnicity. But how police make people feel is not quite as easily captured in data. There are ways to try — surveys asking whether officers make one tense or whether one trusts law enforcement — but such questions offer limited insight into what is causing those results or what effect they have.
Meanwhile, the issues behind the answers to those surveys do have a clear effect: They leave many black Americans frustrated with and fearful of police.”
“injunctions. When a court enjoins a particular defendant, they don’t just order that defendant to cease a particular behavior, they also can enforce that order with criminal sanctions or by imposing escalating fines until the defendant ceases their illegal conduct. A party subject to an injunction, in other words, can be squeezed so hard by court sanctions that they have no choice but to change their behavior.
Consider the case of Eric Garner, who was killed by a New York police officer’s chokehold in 2014. Although the NYPD had a formal policy barring chokeholds, it was frequently unenforced. The city’s Civilian Complaint Review Board received 219 chokehold complaints against NYPD officers in just one year.
If one of the victims of those chokeholds had obtained an injunction against the NYPD, then a court could have imposed strict sanctions on the city until police chokeholds ceased. And Eric Garner might be alive today.”
“in order for this strike to be legal without congressional authorization, it would have to be in response to an imminent threat to the United States. And then we immediately enter into a discussion about what “imminent” and “threat” actually mean.”
“Many of the people who have shaped our legal understanding of “imminent” over the years understood it to mean that the threat was unfolding right now and there’s no time to do anything other than to kill the person.
The Soleimani killing doesn’t appear to meet that threshold.”
“If this is just a thing we did, then Congress doesn’t need to be notified. But if it’s an act of war, then clearly Congress needs to be notified.”
“for better or worse, at a point where the majority of lawmakers have basically acquiesced to the administration’s interpretation of the law when it comes to war, and again, this goes back to the George W. Bush era. So if that’s the case, then eventually the law becomes whatever the current administration says it is. That’s where we are.”
“there were several AUMFs but none of them, in any way, were directed at Iran. Each of them very clearly gave the executive branch the power to fight the Taliban and al-Qaeda in Afghanistan and later, ISIS in Iraq. And in fact, Iran has been on our side in the fight against ISIS and the Taliban. So there’s just no plausible legal justification under which you could stretch any of the AUMFs to include an attack on an Iranian official.”