Supreme Court (SCOTUS)
323 Articles
Just Security Podcast: Harold Koh and Cristina Rodríguez on the Travel Ban
As most of us know, the Supreme Court this week upheld the Trump administration’s travel ban that bars citizens from seven countries, of which, five have a Muslim majority…
Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…
Can You Sue International Organizations? The Supreme Court Decides to Weigh In
Last week, the Supreme Court granted certiorari in Jam v. the International Finance Corporation, that may pare back immunities from lawsuits for international organizations. The…
Tragedy of Errors: The Solicitor General, the Supreme Court and the Truth
The Office of the Solicitor General found itself in the position of defending an Executive Order targeting a broad group of individuals whom, the president claimed, should be subject…
Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions
[Cross-posted at Balkinization.] There’s already been a great deal written about yesterday’s oral argument in Trump v. Hawaii. Most observers have focused on whether, for…
A Tale of Two Branches at Today’s Oral Arguments in the Travel Ban 3.0 Case
Sitting in the packed courtroom for today’s Supreme Court argument in Trump v. Hawaii, our own Joshua Geltzer was reminded of watching a movie in which the plots for two main…
Just Security Podcast: Ex National Security Council Official Joshua Geltzer on Supreme Court Travel Ban Case
Above: Zainab Ahmed of Dearborn, Michigan chants during a protest of Muslim Ban 3.0 on the campus of Wayne State University on October 4, 2017 in Detroit, Michigan. (Photo by Stephen…
The Supreme Court Should Rethink Deference to the Executive in the Travel Ban Case
Former White House Counsel Neil Eggleston, and Amanda Elbogen write that the Justices should not provide the customary deference to the Executive Branch when it comes to the Travel…
Why the CLOUD Act is Good for Privacy and Human Rights
Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…
Mueller’s Uphill Battle: Obstruction Law and the Comey Firing
Did the president commit a violation of federal criminal law when he fired the FBI director? Many commentators assume that the president has violated one of several criminal statutes…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…