In the past few years, four courts of appeals have applied a presumption against recognition
of a Bivens cause of action'in dismissing damages suits alleging constitutional violations
arising out of federal officials' pursuit of various national security and counterterrorism
policies. In each of these cases, the court's approach was based on the belief that allowing
such suits to proceed would threaten undue interference with the executive branch's conduct
of military and national security affairs-interference that should be tolerated, if ever, only …