Supreme Court (SCOTUS)
364 Articles
The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact
What does the Supreme Court decision in Fischer v. United States mean for former President Donald Trump’s D.C. criminal case and the hundreds of other January 6th defendants?…
Unpacking the Supreme Court’s Punt on Alleged Government ‘Coercion’ of Social Media Companies: What Murthy v. Missouri Did and Did Not Say
What Murthy v. Missouri did and did not say.
“True Threats” and the Difficulties of Prosecuting Threats Against Election Workers
On August 17th, 2022, ten election workers were conducting primary early voting at the Sunrise Senior Center in Broward County, Florida. Six or seven voters were at the center…
Why Trump v. Anderson Undermines State Efforts to Hijack Immigration Enforcement
Faithful application of the Supreme Court’s federalism principles should doom Texas’s attempt to seize control of national immigration policy.
What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios
Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.
Why No “Plain Statement Rule” Bars a President’s Prosecution for Murder
Drilling into the foundations of an idea - the 'plain statement rule' - discussed in Supreme Court oral argument on former President Trump's claims to presidential immunity.
History Shows the Supreme Court Knows How to Move Quickly, as it Should With the Trump Immunity Case
History shows the Supreme Court can come to a decision soon after oral arguments. It must do so on the question of presidential immunity.
Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity
"We suggest questions that Justices might ask the parties at oral argument, questions that can help clarify key issues at hand and force the parties to set out their reasoning."
The Just Security Podcast: United States v. Trump: Presidential Immunity from Criminal Conduct
NYU School of Law hosted an expert panel to discuss whether a former President is immune from criminal prosecution for official acts committed while in office.
At the Supreme Court, Public Corruption Jurisprudence and Lack of Meaningful Ethics Reform Go Hand-in-Hand
By strengthening U.S. public corruption laws to prevent government officials from abusing their public offices for private gain, Congress can help restore public trust in all three…
Clearinghouse: 14th Amendment Section 3 Litigation
A collection of court documents and commentary concerning litigation under section 3 of the 14th Amendment on whether former President Trump is disqualified from seeking office…
The Supreme Court Cannot Ignore the National Security Implications of the So-Called ‘Jawboning’ Case
Former senior DOJ official Mary McCord writes about "the necessity for government officials to be able to communicate freely with social media companies about the abuses of their…