Latest in U.S. Supreme Court
Two seemingly unrelated Supreme Court cases up for oral argument in the next few weeks will have important implications for the use of emergency powers by the executive branch—and for the long-term health of U.S. democracy.
Part 3 of a three-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States, a case that raises the question whether the U.S. government can criminally prosecute corporations owned by foreign states.
The case raises novel questions of the FSIA’s applicability, as well as the extent of foreign sovereign immunity within criminal law.
Part 2 of a three-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States, a case that raises the question whether the U.S. government can criminally prosecute corporations owned by foreign states.
Part 1 of a three-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States, a case that raises the question whether the U.S. government can criminally prosecute corporations owned by foreign states.
The Supreme Court’s June decision in West Virginia v. Environmental Protection Agency drastically limits the agency’s regulatory authority to curtail the effects of the climate crisis and stands in jarring contrast to recent actions of the executive and legislative branches.
Republicans have long advocated against platform censorship, while Democrats have favored more restrictions on speech. In the wake of the Supreme Court’s decision, both parties are now pushing speech policies they once argued against.
In Torres v. Texas Dep’t of Public Safety, the Court held that private suits against states are authorized under Congress’s war powers, carving out a new structural waiver exception to state sovereign immunity.
The Supreme Court may overturn one of its most important free speech rulings of all time, but legislators and state courts can blunt the harms.
In emergencies, federal agencies can avoid cumbersome rulemaking procedures. Uses of the “good cause” exception following 9/11 and the outbreak of the coronavirus offer insights relevant to the current cybersecurity threats to critical infrastructure.