Supreme Court (SCOTUS)
326 Articles
JFK Records Suit Tests CIA Secrecy on Assassination
Morley v. CIA has wound its way through the courts for 16 years, and revealed some juicy nuggets along the way. The plaintiff, who is the biographer of two top CIA operations officers,…
What to Do with Vetoed Bills
Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…
Liberian War Crimes Claims Survive in Alien Tort Statute Case
Victims of human rights abuses abroad scored a win recently, when the U.S. District Court for Eastern Pennsylvania ruled in Jane W. et al. v. Thomas that claims involving war crimes…
What Now for the Mattis Transgender Policy?
As I predicted here a couple of weeks ago, the Supreme Court today unanimously denied the government’s petitions for certiorari before judgment in the “transgender…
Untangling the Issues in the “Transgender in the Military” Litigation
A few weeks ago, the Department of Justice made something of a splash by filing petitions for certiorari “before judgment” in three of the pending cases challenging then-Secretary…
Deciphering the Mystery Subpoena Case: Corporate Claims to Foreign Sovereign Immunity from U.S. Criminal Proceedings
Speculation has been rampant about the identity of the appellant in In re Grand Jury Subpoena, the case that prompted the D.C. Circuit to seal off an entire courthouse floor for…
Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question
Shortly before the midterm elections, President Trump stirred up a hornet’s nest in suggesting he could, by executive order, withdraw the right to citizenship at birth from children…
Jamal Khashoggi, the U.S. Supreme Court and the Limits of Inviolability
Jamal Khashoggi’s murder could complicate the Sudan v. Harrison case, which is set for oral argument before the Supreme Court on November 7.
Jam v. International Finance Corp.: May International Organizations Violate Rights with Impunity?
Tomorrow, the Supreme Court will hear oral argument in a case that will decide the scope of immunity for international organizations in our courts. This issue facing the Supreme…
Taking Stock of the FBI’s Role in Senate Confirmations after Kavanaugh
I previously wrote that at least some of Judge Kavanaugh’s confirmation challenges are symptomatic of the White House’s general disdain of the vetting process. That may seem…
The Social Meaning of Confirming Kavanaugh is Inescapable
The social significance of what it would mean, especially for certain Senators, to confirm Judge Brett Kavanaugh is now set.
Here Are the 30 People the FBI Needs to Interview in its Kavanaugh Investigation
There are 30 witnesses who are known and who must, at a minimum, be included in any serious FBI inquiry of the sexual assault allegations against Judge Brett Kavanaugh.