Supreme Court (SCOTUS)
342 Articles
Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…
The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…
State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Folly at the Supreme Court: Choosing Between Competing Originalist Claims
Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison
The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…
We Do Need to Reform the Supreme Court
Why introducing a term limit or a mandatory retirement age for Supreme Court justices is needed.
Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
KBR v. SFO: the United Kingdom’s Microsoft Ireland?
U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?
We Don’t Need to Reform the Supreme Court
Politicization of the judiciary in the name of correcting the politicization of the judiciary is a bad policy foundation.
Authoritarian Populism, Courts and Democratic Erosion
The uniquely strong American judicial system managed to hold the line and, ultimately, fend off Donald Trump’s assault on U.S. institutions.
The Meaning of the Supreme Court’s Ruling in Germany v. Philipp
Last week the U.S. Supreme Court decided Germany v. Philipp, a Holocaust expropriation case brought under the Foreign Sovereign Immunities Act (FSIA). Writing for a unanimous Court,…
Through the Looking Glass, Darkly: The Supreme Court’s Muslim Travel Ban Decision
Although the Muslim travel ban has now been consigned to the dustbin of history, it is worth reflecting how the Supreme Court’s decision already looks in retrospect.