U.S. Supreme Court

Latest in U.S. 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.

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

Judge Brett Kavanaugh on National Security: A Reader’s Guide

The Senate Judiciary Committee is scheduled to begin hearings Sept. 4 on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. If confirmed, Kavanaugh would replace the high court’s most frequent swing vote, retiring Justice Anthony Kennedy, a change that many expect would shift the court significantly to the right.

U.S. Supreme Court

Document: Supreme Court Upholds Travel Ban in Hawaii v. Trump

On Tuesday, in a 5–4 decision, the Supreme Court upheld President Trump’s September 2017 immigration order restricting entry to the United States by nationals of eight countries, finding that the order did not exceed the president’s authority under Section 1182(f) of the Immigration and Nationality Act. The full ruling is below.

U.S. Supreme Court

Could a U.S. State Sue Russia for Election-Related Hacking Under the Supreme Court’s Original Jurisdiction?

The Senate intelligence committee has said that a small number of states had their election computer defenses breached by Russian hackers in 2016. Assume, as the report writes, that those hackers were linked to the Russian government. Could the states whose systems were breached sue Russia under the Supreme Court’s original jurisdiction?

Travel Ban

Refugee EO Update: The Supreme Court Hands Each Side a Partial Victory

The Supreme Court issued an order today regarding President Trump’s revised Refugee Executive Order (EO) that provided comfort to both the Administration and Hawaii, which has challenged the EO. The Court left in place the portion of Hawaii U.S. District Judge Derrick Watson’s injunction barring application of the EO to foreign nationals abroad with U.S. relatives such as grandparents, grandchildren, uncles, aunts, nieces, nephews, and cousins.

Travel Ban

Refugee EO: Hawaii’s Response to the Government’s Request for a Stay

Yesterday, Hawaii posted a response to the government’s request to the Supreme Court to stay Hawaii District Court Judge Derrick Watson’s injunction regarding President Trump’s Refugee Executive Order (EO). The response argues that Judge Watson was right to hold that the Supreme Court’s “bona fide relationship” standard included U.S.

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