Supreme Court (SCOTUS)

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A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

Another Reason Trump’s Birthright Citizenship Order is Unlawful

"Without question, Congress understood that the birthright citizenship statute extended to the two groups that President Trump has targeted"
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The Just Security Podcast: Discussion of Stephen Miller Remarks on Suspension of Habeas Corpus & Path Ahead

An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss

An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

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.
U.S. standard certificate of live birth application form next to flag and passport of USA.

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.
Map of USA on dark digital background representing global communication and global finances

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.
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 departure statement in the Wong Kim Ark case, on yellowed paper.

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 departure statement in the Wong Kim Ark case, on yellowed paper.

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.
A man walks in front of the Supreme Court building at dusk.

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…
Activists hold a rally and march through downtown

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.
Pro-Palestinian protestors rally in support of Mahmoud Khalil outside of the Thurgood Marshall Courthouse

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.
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