Supreme Court (SCOTUS)

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364 Articles

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....
Pence gives remarks at a podium in front of American flags.

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.
Asylum seekers wait at a fence to cross into the United States at El Chaparral crossing port on the US/Mexico Border in Tijuana, Baja California state, Mexico, on February 29, 2020.

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…
The U.S. Supreme Court building lit by sunlight against a blue sky.

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…
A photo shows the logo of the Turkish Halkbank on December 2, 2017 in Istanbul.

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.
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.
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