Supreme Court (SCOTUS)
343 Articles

Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.

The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order
"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."

Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us
Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.

President Trump’s Attempt to “Save” TikTok is a Power-Grab that Subverts Free Speech
"I remain convinced that the statute authorizing the ban is an ill-advised and unconstitutional law that does lasting damage to the First Amendment rights of millions of Americans…

The Just Security Podcast: The Supreme Court’s Decision on TikTok
Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang discuss how the Supreme Court balanced free speech rights and national security concerns in the TikTok case.

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.