Chief Justice John Roberts’s census ruling may strengthen deference to executive discretion when wielded by a future normal presidency, but for select occasions, he has revived a neglected counterdeference tool—pretext analysis.
Latest in SCOTUS
Three different batches of documents relating to the Supreme Court nominee’s time in the Bush White House caused conflict on the first day of confirmation proceedings.
We’re back after a one-week layoff! No SCOTUS announcement yet, alas, but we do have this to offer:
1. Doe v. Mattis and the upcoming hearing on the government’s plan to release Doe in Syria
2. The military commissions and the retirement of Judge Spath
3. Over in the civilian court system, Uzair Paracha, convicted back in 2005, just won a motion for a new trial based on newly-discovered evidence (involving CSRT and other statements from GTMO detainees)
The answer may turn on the Supreme Court's 2008 decision in Munaf v. Geren.
The Supreme Court punted on the question of corporate liability under the Alien Tort Statute in its 2013 Kiobel decision; corporate liability is once again the explicit question in a case accepted by the Court on April 3, 2017, Jesner v. Arab Bank, No. 16-499.
The decision in Zivotofsky v. Kerry, a blockbuster foreign policy-related Supreme Court case that many of us have been watching carefully, was just released: The DC Circuit is affirmed. The President holds the exclusive power to recognize foreign sovereigns, and the relevant statute compelling the Executive to write "Israel" on relevant passports impermissibly infringed on this exclusive authority to determine the status of Jerusalem.