Supreme Court (SCOTUS)
342 Articles
The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Introducing Just Security’s Symposium on United States v. Microsoft
Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…
Beyond Customary International Law: What Jesner Can Learn From Corporate Criminal Liability for International Crimes
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Jesner Oral Arguments, Justice-by-Justice
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
The Original Meaning of the Alien Tort Statute
At oral argument in Jesner v. Arab Bank, Supreme Court Justice Neil Gorsuch raised a theory about the about the original meaning of the Alien Tort Statute (ATS), a provision of…
Jesner v. Arab Bank: U.S. Foreign Policy and National Security Interests
Editor’s note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether…
The Troubled Status of Russian Sanctions Legislation—with the President’s Signing Statement Attached
[This article was first published on Aug. 3, 2017 at 9:55am ET and updated on Aug. 4, 2017 at 7:10am ET] Just yesterday, an unhappy President Donald Trump signed H.R. 3364, America’s…
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…