Supreme Court (SCOTUS)
342 Articles

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.…

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…