Supreme Court (SCOTUS)
323 Articles

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…

The Just Security Podcast: Free Speech and Content Moderation in Missouri v. Biden
To unpack the initial decision in Missouri v. Biden, and what it means for the First Amendment, we have Knight Institute Fellow Mayze Teitler.

Restricting the Government from Speaking to Tech Companies Will Spread Disinformation and Harm Democracy
Invoking the First Amendment, a single district court judge effectively issued a prior restraint on large swaths of speech, cutting short an essential dialogue between the government…

Pending Supreme Court Case Complicates Special Counsel Smith’s Choices
Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…