Supreme Court (SCOTUS)
326 Articles

The Just Security Podcast: Special Counsel Jack Smith’s Final Report in the 2020 Election Interference Case
Joining the show to discuss Jack Smith's final report in the 20220 election interference case are Tom Joscelyn and Marty Lederman.

How Not to Decide TikTok: U.S. press freedom hangs in the balance
"If the Court were to accept the Solicitor General’s rationale ... the government would be free to force the removal of owners of any media outlet whose fealty it did not trust."

Hungary v. Simon Offers Supreme Court Stark Choice
Hungary v. Simon, argued Tuesday at the US Supreme Court, has significant implications for the Foreign Sovereign Immunities Act's expropriation exception.

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…