Supreme Court (SCOTUS)
305 Articles
The Supreme Court’s Next 100 Days: Understanding the Passive-Aggressive Virtues (and Vices)
The Supreme Court's pushback during the first 100 days of the Trump administration is striking. What to look for in the next 100.
Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs
Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
States in the Vanguard: Social Media Policy Today
The states have stepped up to regulate consumer-facing online services where the federal government has been utterly silent. But the tech companies are not sitting idly by.
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…
特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
U.S. AI-Driven “Catch and Revoke” Initiative Threatens First Amendment Rights
The State Department's AI-enabled "Catch and Revoke" initiative will dissuade individuals from exercising First Amendment-protected activities.
Explainer on First Amendment and Due Process Issues in Deportation of Pro-Palestinian Student Activist(s)
Legal experts explain First Amendment and Due Process rights in case of Mahmoud Khalil and potential deportations of other pro-Palestinian protestors.
Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.
The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order
"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."