Supreme Court (SCOTUS)
355 Articles
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…
Use the Defense Production Act to Flatten the Curve
James Baker, former Chief Judge of the U.S. Court of Appeals for the Armed Forces and Legal Adviser to the National Security Council, urges the President to take more decisive…
Congressional Science and Technology Capacity Must Be Revitalized
The time is now for Congress to build out its own expert capacity so that it can oversee — and, if necessary, try to compensate for the loss of — the highly technical expert…
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…
Understanding the Two Mazars Subpoena Cases Before the Supreme Court [UPDATED to reflect 11/25 stay of mandate]
Two cases currently before the Supreme Court involve whether the Constitution prohibits subpoenas issued to Donald Trump’s accounting firm, Mazars USA, LLP, requiring Mazars…