Supreme Court (SCOTUS)
323 Articles
Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress
The decision gives executive branch officials and private parties greater ability to resist subpoenas on traditional common law privilege grounds.
Immigration Maximalism at the Supreme Court
"The approach taken in these important cases is the opposite of 'minimalism,' and they provide important lessons for the long-term agenda of the Roberts Court."
Timeline: Trump, Barr, and the Halkbank Case on Iran Sanctions-Busting
A comprehensive timeline of the prosecution of Turkey's Halkbank and President Donald Trump and Attorney General William Barr's reproted actions.
Pandemic Politics: Race, Sex, and the Supreme Court
The Supreme Court waded into debates on harm-reduction and crime control for the second time when they revisited and clarified issues related to the U.S. government funding of…
Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?
Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…
Supreme Court on Trump’s Finances: Glass Three Quarters Full for Rule of Law
Analysis of the two decisions, what comes next, and what the timetable looks like.
The Supreme Court’s Ominous DACA Decision: Perils for Dreamers in What Comes Next
"The decision is as ominous as it is encouraging."
Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute
In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts
On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
Oversight and “Undermining”: Reflections on the Supreme Court Oral Arguments About Subpoenas for Trump’s Financial Information
A couple aspects of the congressional subpoena cases—Trump v. Mazars and Trump v. Deutsche Bank—haven’t yet received attention they warrant.
Can Governors Close Their Borders to Pandemic Risks?
COVID-19 is not the first pandemic affecting America, and will not be the last. Under such circumstances, states have well-recognized authority to limit travel within and across…
Is the Roberts Court Going to Let Coronavirus Kill Us?
It is looking increasingly as though a nationwide program of testing, and hopefully vaccination, may be the only way to stop the spread of the novel coronavirus and bring back…