Supreme Court (SCOTUS)

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'I voted early' stickers sit on a table at the Brooklyn Armory during early voting on October 28, 2020 in New York City.

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.
Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

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…
A side by side collage of a portrait of Lincoln, a portrait of Salmon P. Chase, and a photo of Trump and Amy Coney Barrett speaking.

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…
Chairman Sen. Lindsey Graham (R-SC) leans in close without a face mask to speak with Sen. Patrick Leahy (D-VT), who wears a face mask, during a Senate Judiciary Committee hearing on "Oversight of the Crossfire Hurricane Investigation" on Capitol Hill on August 5, 2020 in Washington, DC.

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 U.S. Supreme Court at night.

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…
Trump and William Barr

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.…
An audio feed of Supreme Court oral arguments in Trump v. Mazars and Trump v. Deutsche Bank AG is heard via a teleconference due to COVID-19, as seen on a laptop in Washington, DC, May 12, 2020.

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.
The US Supreme Court in Washington, DC, on January 22, 2019.

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."
Erdogan, Barr, and Trump

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.
Sex workers on the street wait wearing face masks outside a house where members of the Miluska Life and Dignity Association, a local umbrella group caring for sex workers distribute daily meals from a communal kitchen in downton Lima, on May 28, 2020.

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…
Trump

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…
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