While Trump lost the 2020 election litigation battle, he received more judicial support than you might think.
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The Biden administration’s rule-of-law credibility is the big loser; and the Supreme Court’s shadow docket the big winner.
Supreme Court precedent compels the conclusion that Trump cannot escape liability for his actions, including encouraging, for his personal gain, the violent disruption of a constitutionally mandated session of Congress.
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Justice Sotomayor cites Congress’s possible action on the policy as the reason for the court’s decision.
Two recent Supreme Court rulings could be consequential for the interpretation of the Foreign Sovereign Immunities Act.
Initial litigation challenging the Biden administration’s immigration policy may have far-reaching implications for executive power, judicial power, federalism and administrative law.
Last month, President Trump nominated Judge Amy Coney Barrett to the Supreme Court. We reviewed several of Barrett’s writings to glean what they might reveal about her views on issues important to Lawfare readers.
The Supreme Court today ruled in two cases related to President Trump’s financial records. Both cases were 7-2, with Justices Thomas and Alito dissenting in each. The parties will not get immediate access to Trump’s financial records in either case.