Supreme Court (SCOTUS)
323 Articles
Trump’s Legal Battles Over Jan. 6 Are Still Alive and Relevant
A breakdown of the civil cases that will still proceed against President Trump, with new rounds of briefs due on Weds.
Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.
Equal Access to the Supreme Court for Servicemembers: The Missing Pieces
What Congress can do to complete the job of putting military and civilian cases on an equal footing in accessing the Supreme Court.
Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?
Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.
The Threat from Unlawful Private Militias Has Evolved. The Federal Government’s Response Must Evolve Too.
Federal legislation, like the Preventing Private Paramilitary Activity Act, offers a pathway to disrupt unlawful militia activity while safeguarding constitutional rights.
A Confusing Rule for the Ages: A Review of the Senate Judiciary Committee Hearing on Presidential Immunity
The Senate Judiciary Committee's presidential immunity hearing showed fault lines in reactions to the Trump v. United States decision.
Absolute Presidential Immunity and the Evasion of Checks and Balances: My Testimony Before the Senate Judiciary Committee
"The potential abuses of official power that are made possible by the Court’s ruling, and the neutering of Congress’s ability to act, are alarming."
After Immunity: How Judge Chutkan Should Apply Trump v. U.S.—and When
A deep dive into the state of play in United States v. Trump.
Warrantless “Defensive” Searches of FISA Section 702 Data Violate the Fourth Amendment
The Fourth Amendment requires that queries of the FISA Section 702 database for information about U.S. persons be performed pursuant to a court order, regardless of whether the…
The Just Security Podcast: How can the U.S. Address Political Violence and Threats?
Rachel Kleinfeld reflects on the threats of political violence in the United States and offers solutions ahead of the 2024 election.
Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
A Prudential Way Forward in Trump v. United States
"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."