Supreme Court (SCOTUS)
323 Articles
Trump Definition of “Family” Is in Contempt of Supreme Court Travel Ban Ruling
On Monday, the Supreme Court held that the administration must not enforce its Travel Ban Executive Order against foreign nationals who have “a credible claim” of a “close…
Donald Trump’s Say-So is Not a Presidential “National Security Judgment”
The government just filed its final pleading before the Justices’ consideration of the entry-ban cases tomorrow. This follows final briefs that the IRAP and Hawaii plaintiffs…
Judge Gorsuch and Executive Power
I’ll be testifying tomorrow before the Senate Judiciary Committee about Judge Gorsuch’s nomination to the Supreme Court. I intend to focus on Judge Gorsuch’s tenure at the…
Just Security’s Executive Editor Jameel Jaffer to Testify in Gorsuch Hearings
Jameel Jaffer — Director of Columbia University’s Knight First Amendment Institute and Executive Editor of Just Security — has been invited to testify before…
Questions for Neil Gorsuch’s Confirmation Hearing
Here’s a list of questions I hope will be asked of Judge Neil Gorsuch, the President’s nominee to fill the vacant Supreme Court seat, at his Senate confirmation hearing. Most…
Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?
According to a provocative new amicus brief filed by the Hoover Institution’s Adam White and UVA Law Professor Aditya Bamzai in opposition to certiorari in Akbar v. United…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
Looking Back on the Pentagon Papers Decision
In a hallway of The New York Times offices, there is a framed copy of the Telex traffic between the Justice Department and The Times from June 1971 when the government demanded…
Will Justice Sotomayor Recuse in Turkmen?
As Marcia Coyle reported last week in The National Law Journal, and as I predicted back in December, the Solicitor General has filed a petition for certiorari in Ashcroft v.…
A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial
Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…
The Supreme Court’s Troubling Neglect of Courts-Martial
Later this year, the Supreme Court will decide whether to take up the case of Akbar v. United States — in which the Petitioner is seeking review of a capital court-martial…
The 9/11 Civil Litigation and the Justice Against Sponsors of Terrorism Act (JASTA)
For lots of readers, I suspect Saturday’s front-page New York Times story by Mark Mazzetti was their first exposure to the ongoing efforts by 9/11 victims and their families…