Supreme Court (SCOTUS)
326 Articles

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.

Sackett v. EPA’s Aftermath and the Risk of Inflamed Western Water Conflict
Water insecurity and conflict in the drought-ridden west may spike in the Sackett v. EPA's deregulatory wake.

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The Just Security Podcast: A Fourth Amendment Privacy Paradox
The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…

Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)
Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

Racial Justice Without Affirmative Action: Embracing International Law after SFFA v. Harvard
The Biden administration should finally acknowledge that progress on racial equity is legally – not just morally – required, and then it should creatively leverage its power…

How Jack Smith May Charge Trump PAC with Fraudulent Fundraising Within the Bounds of First Amendment
Special Counsel Jack Smith could charge Donald Trump with federal wire fraud for his fundraising off of the Big Lie.

John Roberts Takes Control on Voting Rights
Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…

The House Closed a Key Loophole in Court-Martial Appeals. Will the Senate Follow?
The Senate should support the draft NDAA section that finally drops unfair limitations on GI access to the United States' highest court.

Missouri v. Biden Raises More First Amendment Questions Than It Answers
The interactions at the heart of Missouri v. Biden implicate many speech interests: those of the platforms, independent entities researching misinformation, the government, and…