Supreme Court (SCOTUS)
324 Articles
A Prudential Way Forward in Trump v. United States
"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
Dept of Justice Promises to Declassify Standard Operating Procedure for Coordinating with Social Media Platforms
Department of Justice set to release declassified Standard Operating Procedure for coordinating with social media platforms on foreign malign influence and First Amendment.
Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.
The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.
The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.
Trump’s Prosecutions Depend on Whether the Dissent Got It Right
Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.”
Divided Supreme Court Hands Trump Broad Immunity for Prosecution for Official Acts
The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.
Foreign Affairs Deference After Chevron
For foreign relations and national security cases any effects of Chevron's overruling are more likely to be ripples than waves.
The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact
What does the Supreme Court decision in Fischer v. United States mean for former President Donald Trump’s D.C. criminal case and the hundreds of other January 6th defendants?…
Unpacking the Supreme Court’s Punt on Alleged Government ‘Coercion’ of Social Media Companies: What Murthy v. Missouri Did and Did Not Say
What Murthy v. Missouri did and did not say.
“True Threats” and the Difficulties of Prosecuting Threats Against Election Workers
On August 17th, 2022, ten election workers were conducting primary early voting at the Sunrise Senior Center in Broward County, Florida. Six or seven voters were at the center…
Why Trump v. Anderson Undermines State Efforts to Hijack Immigration Enforcement
Faithful application of the Supreme Court’s federalism principles should doom Texas’s attempt to seize control of national immigration policy.