Supreme Court (SCOTUS)
342 Articles
It’s Time for the Supreme Court to Take Ethics Seriously
For the Court’s reputation and rule of law values, the Justices should put their own house in order, rather than have it done for them.
Two Supreme Court Cases Could “Break the Internet”: What Role Should Free Speech Play?
Instead of demonstrating eagerness to reconsider Section 230, the Justices appeared unsure about how exactly the law should be interpreted.
Speech or Debate Immunity Will Not Protect Scott Perry’s Phone
On Thursday, the DC Circuit Court of Appeals held a hearing on whether Rep. Scott Perry (R-Penn.) is protected by the Speech or Debate Clause from the Jan. 6 criminal investigation....
The Limited Scope of Vice President Pence’s Speech or Debate Clause Immunity
Pence's protection under the Speech and Debate Clause won't protect him from a subpoena to testify before the Special Counsel's grand jury.
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…