Supreme Court (SCOTUS)
323 Articles
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.
Two Supreme Court Cases Could Shape the Future of AI and Content Moderation
The Supreme Court’s decision in the social media cases will shape the kinds of arguments that labs can make against AI regulations.
Learning from Justice O’Connor
A moving tribute to Justice O'Connor by one of her law clerks.
Leonard Leo and Harlan Crow Would Be Wise to Comply with Their Senate Subpoenas
While Crow may feel bullied, and Leo may feel that the inquiry is ill-intentioned, as a matter of law the two are obliged to comply anyway.