Supreme Court (SCOTUS)
342 Articles

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.

The Court Gutted Congress’s War Power. It’s Time to Give It Back.
A 1983 Supreme Court ruling eviscerated the law allowing Congress to end war. The Iran strikes make that a five-alarm emergency.

The “Presumption of Regularity” in Trump Administration Litigation (4th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
![Close-up of several metal handguns laid side by side on a table, their barrels and triggers visible in tight rows, representing some of the thousands of weapons seized by the Mexican Army from drug traffickers in northern Mexico in January 2017. Gun reads: "U.S.A. [...] Springfield, Mass."](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2026/03/GettyImages-631911044.jpg?fit=1024%2C683&ssl=1)
Firearms Trafficking Comes to the Inter-American Court of Human Rights in Recent Advisory Opinion
The Inter-American Court of Human Rights' recent advisory opinion addresses the obligations of States and private actors to prevent and combat illicit trafficking of firearms.

America Is Turning Away People Fleeing for Their Lives — and Breaking the Law to Do It
Former senior officials explain why the Trump administration's argument in Noem v. Al Otro Lado is morally troubling and legally wrong.

Fourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case
In Al Shimari, the Fourth Circuit affirmed two Alien Tort Statute claims: conspiracy to commit torture and conspiracy to commit cruel, inhuman, and degrading treatment.

What Just Happened: Tariffs Are Gone and Then Back Again
The SCOTUS decision on Trump's tariffs, and the president’s subsequent reaction, leave many questions about tariff rates and what comes next.