Supreme Court (SCOTUS)
355 Articles
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.
Incitement to Violence Ain’t Free Speech
The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…
Impeachment Defense, the Constitution, and Bill of Rights
The question at the moment isn’t whether the president could be charged with incitement to violence in criminal court.
Nestlé & Cargill v. Doe Series: Remedying the Corporate Accountability Gap at the ICC
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Judges Doing What Judges Do: A Unified Theory of the 2020 Election Season
Dozens of judges, from all political persuasions, uniformly rejected the extravagant claims of President Donald Trump to set aside the presidential election results, or to compel…
Nestlé & Cargill v. Doe Series: Meet the “John Does” – the Children Enslaved in Nestlé & Cargill’s Supply Chain
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Nestlé & Cargill v. Doe Series: Shielding American Corporations from Liability Undermines the United States’ Moral Authority
Corporate defendants argue that courts should let Congress decide if and when to impose liability for human rights abuses abroad. But Congress has already spoken: through the Trafficking…
The System Is Not Working: The Lopsided Election Result, Not The Courts, Saved Our Democracy
The president’s post-election litigation has crashed and burned, but it has reinforced the pernicious idea, born from Bush v. Gore, that it is appropriate for courts to step…
Nestlé & Cargill v. Doe Series: Judicial Activism, Corporate Exceptionalism, and the Puzzlement of Nestlé v. Doe
Congress has amended the Alien Tort Statute only three times. Yet judicial interpretation has significantly limited the statute's reach through "shadow amendments" to the text.…
Nestlé & Cargill v. Doe Series: Holding the Aiders and Abettors of Atrocity to Account
Do the Alien Tort Statute and Torture Victim Protection Act apply to those who aid in atrocities? Human rights groups - who use the statutes to prosecute these crimes - say yes.
Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory
The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…
Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies
U.S. corporations, including Nestle and Cargill, may face massive liability under the Alien Tort Statute for aiding and abetting slavery abroad. But does the ATS support such liability?…