Supreme Court (SCOTUS)

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People with umbrellas in a line outside the Supreme Court

Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory

Unpacking the Supreme Court’s oral argument in Moore v. Harper – implications for democracy if the Justices arrive at a compromise position on the “Independent State Legislature”…

Canvassing Deserts: When Obstacles to Reaching Urban Voters Become Voter Suppression

Political canvassers operate at the grassroots of participatory democracy. They are coming in droves this election cycle, flocking to homes in swing districts. Their door-knocking…
A person stands at a voting poll.

As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory

"In this hugely consequential case, in a highly polarized environment, experts of all stripes and partisan affiliations have now weighed in with roughly the same answer: Giving…
A woman walks past a damaged building in Lyman, Donetsk region.

Why We Need the Alien Tort Statute Clarification Act Now

"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."
Woman in blue dress at podium with White House seal, American flags and zoom with many participants behind her

On Indigenous Peoples’ Day, Reflections on Tribal Sovereignty in Haaland v. Brackeen

"As Indigenous people and allies celebrate and reflect, it is equally imperative to understand and champion both historical and contemporary issues – and to understand the ways…
A photo of women holding up green bandanas as they protest for abortion rights before the Colombian Constitutional Court. The bandana in the foreground reads "Poder Elegir", or "[we] can choose." A woman smiles behind the bandana, out of focus.

How Latin America Could Inspire and Inform the US Fight for Reproductive Justice

After the reversal of Roe, activists offer lessons from Latin America on building a grassroots reproductive rights movement.
Pile of stickers with text "I Voted" and US flag image

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform

An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
WASHINGTON, DC - JUNE 25: Red paint splattered by abortion rights activists is seen on the sidewalk in front of the U.S. Supreme Court on June 25, 2022 in Washington, DC. The Supreme Court's decision in Dobbs v Jackson Women's Health overturned the landmark 50-year-old Roe v Wade case and erased a federal right to an abortion. (Photo by Anna Moneymaker/Getty Images)

Retrenchment of the Federal Right to Abortion: How Dobbs Threatens National Security

The Dobbs decision has broad national security implications, increasing the risk of political violence and damaging US standing in the world.
Three CSX Transportation coal trains sit in a rail yard June 3, 2014 in Pikeville, Kentucky.

Greenhouse Gaslighting: Deceptive Moderation and West Virginia v. EPA

"Big federal legislation like the Clean Air Act ... [is] the direct and fundamental product of American democracy. Unlike the major questions doctrine."
The US Constitution with a gavel laid on it.

The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists

With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…
A person on a bicycle participates in a demonstration called Roll4Justice on July 4, 2020 in Minneapolis, Minnesota. The biker carries a sign reading, “Dissent is the highest form of Patriotism. I believe we can do better.” An American flag is attached to the bike. In the background, another bike wheel is shown as well as a car driving with an open trunk. No other demonstrators are otherwise shown in the photograph.

Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers

Presence of firearms at "sensitive places" may implicate First Amendment rights of peaceful protesters, the fundamental right to vote, and the safety of lawmakers carrying out…
Woman walking in front of red-brown building with words "NSO Group" visible on side.

NSO v. WhatsApp: Should the Solicitor General Recommend Allowing Foreign Corporations to Claim Immunity?

"The best position for the Solicitor General to take on the immunity of corporations is the one the Ninth Circuit adopted: 'If an entity does not fall within the Act’s definition…
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