Supreme Court (SCOTUS)
326 Articles
Troubling Signs in Biden Administration’s Recent Efforts to Reimplement Migrant Protection Protocols Program
"Understanding the significance of the [Supreme Court's Migrant Protection Protocol] ruling ... will be key for the administration to mount the strongest possible defense for the…
Mapping the Key Arguments in Supreme Court Amicus Briefs in Gonzalez v. Google
Cross-published at Tech Policy Press. In late February, the Supreme Court will hold oral arguments to consider the Communications Decency Act’s Section 230, which shields tech…
Expert Recap and Analysis of Halkbank Oral Argument at the Supreme Court
A breakdown of the key issues in a wide ranging oral argument on foreign sovereign immunity in criminal cases.
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…
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…
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."
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.](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2022/08/GettyImages-1238675138-scaled.jpg?fit=1024%2C683&ssl=1)
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.
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.
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.
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."