Supreme Court (SCOTUS)

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323 Articles

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.
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

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…
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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.
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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.  
The U.S. presidential seal appears against the black background of a podium.

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.” 
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

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.
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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 U.S. Supreme Court building lit by sunlight against a blue sky.

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?…
The U.S. Supreme Court building lit by sunlight against a blue sky.

“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…
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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.
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios

Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.
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