Supreme Court (SCOTUS)
363 Articles
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.
What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
Deference Should Follow Expertise, Not Pretext
Anthropic v. Department of War reveals why courts must distinguish genuine national security judgments from pretextual ones and how to do it.
Building Governing Machinery for the Next Pro-Democracy Moment
Domestic policy experts offer principles for reinvention meant to inform the work of policymakers, advocates, and governance rebuilders as they redesign federal institutions.
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.