Supreme Court

Latest in Supreme Court

Immigration

Supreme Court Stays Asylum Injunction: Signal on the Merits or Procedural Snag?

On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued by the Department of Homeland Security (DHS). The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.

Border Security

Supreme Court Filings in Emergency Wall Case

On July 12, the government filed an application before the Supreme Court for a stay pending appeal to the U.S. Court of Appeals for the Ninth Circuit in Trump v. Sierra Club, concerning the president’s use of military funds to construct his wall along the southern border. The government argues that the district court’s decision to grant an injunction was based on a misreading of the relevant statutory text and that the plaintiffs lack standing to challenge the policy.

Foreign Sovereign Immunities Act

How the Supreme Court Should Decide Jam v. International Finance Corp.

The Supreme Court will soon hear oral arguments in Jam v. International Finance Corp. The case, which will be argued on October 31, 2018, raises an important threshold question about the immunity of international organizations from suit in the United States. But the briefing does not provide the full answer.

Documents

Document: Trump Administration Seeks Emergency Stay of Order to Produce Privilege Log in Transgender Servicemember Ban Litigation

On Monday, the Trump administration applied to the Supreme Court for an emergency stay of a district court order in litigation related to the transgender servicemember ban. A district court ordered the government to produce a log of evidence it believes is subject to presidential communications privilege. The government argues that a 2004 case should protect the government from doing so. The full application is below.

U.S. Supreme Court

Day 1 of Brett Kavanaugh Hearings: Documents Delayed and Documents Denied

A kerfuffle erupted in the Senate Judiciary Committee on Tuesday over the committee’s access to a series of documents from Supreme Court nominee Brett Kavanaugh’s time in the Bush White House. The conflict concerned the withholding of material under an implied assertion of executive privilege and the relevance of the documents in question. There are a few different caches of documents and different reasons why senators do not have access to them.

Travel Ban

The Supreme Court Travel Ban Ruling: A Summary

The Supreme Court's decision Tuesday in Trump v. Hawaii decisively puts to bed the “preliminary injunction” round of litigation over President Trump’s travel ban. In a 5-4 decision, with the majority opinion authored by Chief Justice John Roberts, the Supreme Court issued two core holdings: (a) that the latest ban does not exceed the president’s authority under the Immigration and Nationality Act (INA); and (b) that ban does not violate the Establishment Clause of the Constitution.

Travel Ban

The Supreme Court Tips its Hand on Travel Ban 3.0

In a pair of unsigned orders, the Supreme Court today allowed the third iteration of President Trump’s travel ban to go into complete effect. Only Justices Ginsburg and Sotomayor noted their dissent. While it is risky to read too much into entries on the Court’s so-called “shadow docket,” four issues are worth addressing.

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