Supreme Court (SCOTUS)
348 Articles
Abandoning Principles: Unpacking the Supreme Court’s Mullin v. Al Otro Lado Denying Asylum to Arriving Migrants
How the Roberts Court interpreted a simple statutory phrase to give the executive branch license to undercut asylum protections at the U.S. border.
Sanitized and Unreviewable: Unpacking the Supreme Court’s Mullin v Doe on Ending Temporary Protected Status for 1.3m Noncitizens
Leading immigration expert unpacks the Supreme Court's ruling on temporary protected status for Haitian and Syrian residents in U.S.
Seeking Justice the Day After SCOTUS Killed the Alien Tort Statute
As surely as day follows night, survivors will continue their quest for justice and accountability. The Supreme Court’s decision marks the end of an era, but a new dawn awaits.
Supreme Court Closes the Door on the Alien Tort Statute
Unpacking the Supreme Court opinion in Cisco Systems, Inc. v. Doe.
In Blanche v. Lau, the Supreme Court Rewards the Solicitor General’s Bait-and-Switch at Green Card Holders’ Expense
Lawful permanent residents are left to wonder when it is safe to travel for business, family reasons, or pleasure without jeopardizing their status and day-to-day lives.
Looking Back at Humphrey’s Executor
On the forgotten history of the Supreme Court's Humphrey’s Executor v. United States, a cornerstone of the administrative state.
Delegation of Tariff Authority by Other Means
After the Supreme Court limited IEEPA tariff authority, the Trump administration turned to Section 301, raising new questions about executive power, trade law, and delegation.
The Oral Argument in Cisco
SCOTUS oral arguments on aiding and abetting liability for US companies that facilitate atrocities abroad highlighted cross-cutting legal views amongst the Justices
Improvidently Granted: The Sleeper Supreme Court Case Affecting the Rights of 12.8 Million Green Card Holders
The Supreme Court should dismiss the case of Blanche v. Lau as improvidently granted. The stakes are too high, and the facts are mismatched to the legal question at hand.
Cisco’s Real Stakes: Digitally Aiding and Abetting
The Supreme Court should dismiss cert in Cisco to avoid immunizing U.S. corporations who actively aid and abet atrocities.
The Presidential Records Act is Constitutional
Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.
A Survey of Sovereign Standing: Developments in State-Led Lawsuits Against the Federal Government
Recent state-led cases against the federal government demonstrate the range of injuries that states are successfully asserting under the current doctrines of state standing.