Supreme Court (SCOTUS)

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326 Articles
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…
People collect cocoa beans at a cocoa exporter's in Abidjan, on July 3, 2019.

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.
Two students and a teacher work together in classroom with USA flags

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 Building

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…
Woman looking at cell phone with information on Abortion Pill (RU-486) for unintended pregnancy.

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 US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

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…
The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

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…
Barracks behind barbed wire, against bright blue sky and mountains.

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.
Sun rise seen through trees on rocky island, wtaer in foreground

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.
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