Supreme Court (SCOTUS)
375 Articles
Breaking the Cycle: Transitional Justice in America After Trump
A post-Trump America must finally turn transitional justice tools inward and reckon with failures it has long refused to face if it aims to repair, not simply ignore.
The Federal Reserve Exception to the Slaughter Rule
On the Supreme Court’s latest reasoning about the Federal Reserve and the fault lines that are likely to emerge in the years ahead.
How Congress Can Regulate Military Promotions After Trump v. Slaughter
To restore transparency and accountability, Congress should reform the statutory authorities to remove officers from promotion lists and delay promotions.
Fencing with Fourth Amendment: Unpacking the Supreme Court’s Chatrie Decision
Chatrie stands as an important but narrow reaffirmation of the Supreme Court’s determination not to let technology overwhelm all privacy expectations in the digital age.
Abandoning Principles: Unpacking the Supreme Court’s Mullin v. Al Otro Lado Denying Asylum to Arriving Migrants
How the Roberts Court interpreted a simple statutory phrase to give the executive branch license to undercut asylum protections at the U.S. border.
Sanitized and Unreviewable: Unpacking the Supreme Court’s Mullin v Doe on Ending Temporary Protected Status for 1.3m Noncitizens
Leading immigration expert unpacks the Supreme Court's ruling on temporary protected status for Haitian and Syrian residents in U.S.
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