Supreme Court (SCOTUS)
374 Articles

Collection: Just Security 2026 Midterm Election Analysis and Commentary
This collection brings together analysis of the legal and policy issues surrounding the 2026 U.S. midterm elections published on Just Security.

Can the Law Stop AI Hackers?
Hacking law assumes a human intended the break-in. AI agents are testing that assumption, and Congress may need to act.

Servant of the Law: The President as Chief Prosecutor
An examination of the constitutional, legal, and ethical constraints on the president when he exercises his power as chief prosecutor.

Closing Pay-to-Play Loopholes: Strengthening the Ban on Federal Contractor Political Spending
To help curb government corruption, Congress should close the gaps in and expand the ban on contractor political spending.

U.S. Government Responds to Maduro’s Immunity Arguments
Maduro's motion to dismiss on the grounds of head-of-state immunity faces an uphill battle against the U.S. government's opposition.

Key Takeaways from Suncor v. Boulder Oral Argument: Jurisdiction, Preemption, and the Proper Role of State Tort Law in Addressing Climate Change
What we learned from oral arguments in the most important climate liability case to reach the U.S. Supreme Court in more than a decade.

Auctioning Democracy: Trump’s Promise of a $5,000 “Dividend”
Trump's pledge to pay $5,000 to every adult U.S. citizen if Republicans retain control of Congress could violate federal criminal law.

Suncor v. Boulder: Why the Constitution and the Clean Air Act Leave Deception-Based Climate Claims Standing
Analysis of what the outcome of Suncor v. Boulder will mean for climate cases that rely on deception claims as the basis for fossil fuel company liability.

Any State Can Make AI Safety Cooperation Legal
State governments have the authority to allow AI companies to coordinate on safety measures without running afoul of federal antitrust laws.

The Supreme Court’s Open-Weight AI Regulation Gauntlet
A series of Supreme Court rulings have left the federal government with a narrow path to regulating open-weight AI models.

The Latest from the Alien Terrorist Removal Court
Expert analysis of how the first-ever case put before the long-dormant Alien Terrorist Removal Court came to a close.

What’s Conspicuously Missing from the Government’s Supreme Court Reply Brief in the Mail Ballots Case
The most noteworthy development of the past couple of days is what Solicitor General Sauer does not say.