Supreme Court (SCOTUS)
326 Articles

Video: Social Media, Government Jawboning, and the First Amendment at the Supreme Court
A video of expert panel discussion on Supreme Court case of Murthy v. Missouri, which poses several questions that defy easy answer, driving at the heart of how we wish to regulate…

The Just Security Podcast: Social Media, Government Jawboning, and the First Amendment at the Supreme Court
Murthy v. Missouri poses several questions that defy easy answer, driving at the heart of how we wish to regulate the modern public square.

When Special Counsel Smith’s January 6th Trial Will Reach a Verdict: Analyzing the Alternative Timelines
Updated overview of potential timelines for the resolution of Donald Trump's appeal and trial in federal prosecution for January 6th.

Amid Courts’ Role in US Democracy Struggle, Look to Lessons from Abroad
Countries that maintained their democracies have had courts that rose to the occasion to safeguard a country’s constitution or rule of law.

What Should Courts Do If a Future President Invokes the Alien Enemies Act to Deport Immigrants?
Congress can repeal the Alien Enemies Act to safeguard against Trump's threat to conduct mass deportations without hearings.

Biden Can, But Shouldn’t, Federalize the Texas National Guard
Invocation of the Insurrection Act in response to Texas' obstruction of CBP agents at the U.S.-Mexico border would be inappropriate.

How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines
Likely trial start dates for former president Trump in DC, now that the Circuit Court has ruled and the Supreme Court has yet to weigh in.

The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
Texas Governor Greg Abbott's invocation of "invasion" is based in the white supremacist "great replacement" conspiracy theory.

How Long Will Trump’s DC Immunity Appeal Take? Analyzing the Alternative Timelines
An overview of the potential procedural pathways for former President Trump's appeal of his federal prosecution for election interference.

Mandate Matters: How the DC Circuit Could Limit Trump’s Run-Out-the-Clock Strategy
The DC Circuit has every reason to put the burden on former President Trump by issuing a quick mandate.

Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment
A critical analysis of the use of the 14th Amendment to bar candidates, including former President Trump, from running for office, without congressional implementing legislation.…

Congress Can Curb Abuse of the Presidential Pardon Power
Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.