Supreme Court (SCOTUS)
326 Articles

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…

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…

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…

Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute
Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.

Plyler’s Promise
"Plyler and its protections have allowed generations to make claim to an alternate vision of America: one more diverse, inclusive, and equal."

Supreme Court Should Address Prior Restraints on Former Gov’t Employees
U.S. intelligence agencies prohibit millions of former public servants from speaking or writing about government policy without first obtaining the government’s approval - based…

With Roe v. Wade at Risk, Digital Surveillance Threatens Reproductive Freedom
If Roe is overturned, states will likely use sweeping digital surveillance tools to enforce abortion bans.

The Supreme Court Should Stop Individual States From Dictating National Immigration Policy
"Sooner or later, the shoe will be on the other foot, as it was with Trump before Biden, and Obama before Trump. None of us should want to live in a country where a few states…

In US v. Husayn (Abu Zubaydah), the Supreme Court Calls Torture What It Is
"I do not read the recent decision ... as much of a victory for the government," writes Joseph Margulies. "In fact, I think it’s a loss for the Biden administration poorly disguised…

80 Years After Executive Order 9066, the Supreme Court Still Shuts Its Eyes to Reality
The myth of facial neutrality ignores how racism and other prejudices shape national security policy.

Denezpi v. U.S.: Double Jeopardy, Dual Sovereignty, and Tribal Courts
A Supreme Court case about C.F.R. Courts turns on source of courts' power.

Penobscot v. Frey: A Chance to Correct Course on Sovereignty Jurisprudence
Native nations' sovereignty and security intersect with U.S. courts' approach to treaty substitutes.