Supreme Court (SCOTUS)
323 Articles
Nestlé & Cargill v. Doe Series: Mapping Amici Arguments
The Nestlé/Cargill v. Doe litigation has attracted dozens of amici briefs arguing over corporate liability, extraterritorial reach, separation of powers, and the aim of the Alien…
The Alien Tort Statute and the Law of Nations: New Historical Evidence of Founding-Era Understandings
In extraordinary original research, David Golove has uncovered contemporary evidence on the original intent of the Alien Tort Statute — evidence which strongly supports its extraterritorial…
Nestlé & Cargill v. Doe Series: Corporate Liability, Child Slavery, and the Chocolate Industry – A Preview of the Case
The upcoming case of Nestlé/Cargill v. Doe presents novel and consequential questions about the Alien Tort Statute, including its extraterritorial reach, imposition of corporate…
Nestlé & Cargill v. Doe: Introduction to a Symposium
The Supreme Court will hear arguments on Dec. 1 in the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I. Brought against two major chocolate manufacturers…
The Urgent Need to Restore Independence to America’s Politicized Immigration Courts
Incoming President Biden should do all in his power to reestablish fairness, consistency, and efficiency in a system hobbled under the Department of Justice.
Election Law Primer: What to Expect During and After the 2020 Election
Assessing the Supreme Court's most recent rulings and the election scenarios to watch out for.
The President and Immigration Law: The Danger and Promise of Presidential Power
In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
Lincoln and that Supreme Court Vacancy: A Deference to Democracy
"Evidence abounds that Lincoln deferred his choice primarily because he understood how improper—even defiant—it would be to choose Taney’s successor with only a few weeks…
Senate Procedures Offer No Hope for Dems on Supreme Court Nominee
An explainer on why quorum requirements, closure vote thresholds, and other Senate procedures can't significantly slow or stop the nomination of the next Supreme Court Justice.…
With RBG’s Passing, Start Thinking About How to Rein in the Supreme Court
There is another, better, way to rein in partisan judges: by stripping the Supreme Court, and also the lower federal courts, of jurisdiction where Congress does not want partisan…
The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam
Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…
Executive Absolutism on Trial
"President Trump ... had the sense that, as president, he should be allowed to do whatever he wanted, with no fear of consequences and no checks to his will from other branches.…