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A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court

The Acting Solicitor General's briefs "fall considerably short of the historical standards for quality and forthrightness that typify briefs that the Office of the Solicitor General…
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

A Conspiracy Theory Goes to the Supreme Court: How Did Murthy v Missouri Get This Far?

Murthy v Missouri may become a landmark case in which the justices are led astray on the basis of a disinformation-laden record.
Michael Flynn, Russian Ambassador Sergey Kislyak, and Solicitor General Noel Francisco

Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]

A couple of weeks ago, I published a very long, comprehensive post in which I tried to explain all the ins and outs of the Michael Flynn case, from 2016 to the present day.  Since…

Tragedy of Errors: The Solicitor General, the Supreme Court and the Truth

The Office of the Solicitor General found itself in the position of defending an Executive Order targeting a broad group of individuals whom, the president claimed, should be subject…
Just Security

The Supreme Court’s Foreign “Friends”

In his new book The Court and the World, Justice Stephen Breyer acknowledges that the Supreme Court increasingly hears cases that require it to take account of law and circumstances…
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