Supreme Court (SCOTUS)
358 Articles
How the Alien Terrorist Removal Court Could Be Good for the U.S. Immigration System
DOJ's first-ever use of the Alien Terrorist Removal Court raises due process concerns, but could offer more legitimacy than current immigration proceedings.
The Supreme Court’s Striking Regression on Partisan Gerrymandering
Lost amidst the discussion of the Supreme Court's Callais decision is its treatment of partisan gerrymandering as a legitimate objective.
Counting the Votes in the Supreme Court’s Birthright Citizenship Decision
A close analysis of the Supreme Court Justices' opinions in Trump v. Barbara.
How Congress Can End Trump’s Iran War and Prevent the Next One
By defying Congress's vote on the Iran war, Trump has again disregarded constitutional limits on war-making, underscoring the need for firmer congressional action.
Justice Gorsuch’s Slaughter Opinion is a Direct Threat to Congress
In light of recent Supreme Court rulings, Congress should act now to assert the full extent of its authority over the federal bureaucracy.
“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook
In these two cases, the Court misread history with an unmistakable result: two fundamentally irreconcilable decisions.
Breaking the Cycle: Transitional Justice in America After Trump
A post-Trump America must finally turn transitional justice tools inward and reckon with failures it has long refused to face if it aims to repair, not simply ignore.
The Federal Reserve Exception to the Slaughter Rule
On the Supreme Court’s latest reasoning about the Federal Reserve and the fault lines that are likely to emerge in the years ahead.
How Congress Can Regulate Military Promotions After Trump v. Slaughter
To restore transparency and accountability, Congress should reform the statutory authorities to remove officers from promotion lists and delay promotions.
Fencing with Fourth Amendment: Unpacking the Supreme Court’s Chatrie Decision
Chatrie stands as an important but narrow reaffirmation of the Supreme Court’s determination not to let technology overwhelm all privacy expectations in the digital age.
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.