Supreme Court (SCOTUS)
342 Articles
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.
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…