Supreme Court (SCOTUS)
358 Articles

Seeking Justice the Day After SCOTUS Killed the Alien Tort Statute
As surely as day follows night, survivors will continue their quest for justice and accountability. The Supreme Court’s decision marks the end of an era, but a new dawn awaits.

Supreme Court Closes the Door on the Alien Tort Statute
Unpacking the Supreme Court opinion in Cisco Systems, Inc. v. Doe.

In Blanche v. Lau, the Supreme Court Rewards the Solicitor General’s Bait-and-Switch at Green Card Holders’ Expense
Lawful permanent residents are left to wonder when it is safe to travel for business, family reasons, or pleasure without jeopardizing their status and day-to-day lives.

Looking Back at Humphrey’s Executor
On the forgotten history of the Supreme Court's Humphrey’s Executor v. United States, a cornerstone of the administrative state.

Delegation of Tariff Authority by Other Means
After the Supreme Court limited IEEPA tariff authority, the Trump administration turned to Section 301, raising new questions about executive power, trade law, and delegation.

The Oral Argument in Cisco
SCOTUS oral arguments on aiding and abetting liability for US companies that facilitate atrocities abroad highlighted cross-cutting legal views amongst the Justices

Improvidently Granted: The Sleeper Supreme Court Case Affecting the Rights of 12.8 Million Green Card Holders
The Supreme Court should dismiss the case of Blanche v. Lau as improvidently granted. The stakes are too high, and the facts are mismatched to the legal question at hand.

Cisco’s Real Stakes: Digitally Aiding and Abetting
The Supreme Court should dismiss cert in Cisco to avoid immunizing U.S. corporations who actively aid and abet atrocities.

The Presidential Records Act is Constitutional
Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.

A Survey of Sovereign Standing: Developments in State-Led Lawsuits Against the Federal Government
Recent state-led cases against the federal government demonstrate the range of injuries that states are successfully asserting under the current doctrines of state standing.

The Court Gutted Congress’s War Power. It’s Time to Give It Back.
A 1983 Supreme Court ruling eviscerated the law allowing Congress to end war. The Iran strikes make that a five-alarm emergency.

The “Presumption of Regularity” in Trump Administration Litigation (4th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present