Supreme Court (SCOTUS)
370 Articles
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.
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.
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.
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.