U.S. Supreme Court

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

Matthew Kahn Mon, Sep 17, 2018, 5:39 PM

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.

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U.S. Supreme Court

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

Scott R. Anderson, Hayley Evans, Hilary Hurd Thu, Aug 30, 2018, 3:13 PM

A bibliography of the Supreme Court nominee’s published writings and public comments on foreign relations, national security and related issues.

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Judge Brett Kavanagh

Kavanaugh and the Military Commissions: Reading the Law “As Written” for an Unpopular Defendant

Peter Margulies Fri, Jul 13, 2018, 3:15 PM

An assessment of Judge Kavanaugh’s record on military commissions should include a fair decision for a Guantanamo detainee.

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

Matthew Kahn Tue, Jun 26, 2018, 10:22 AM

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.

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Foreign Sovereign Immunities Act

Supreme Court Grants Cert in Jam v. International Finance Corporation

Eliot Kim Tue, Jun 12, 2018, 9:31 AM

A summary of the latest Foreign Sovereign Immunities Act case to make its way to the Supreme Court.

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

Ingrid Wuerth Fri, May 11, 2018, 7:00 AM

The argument is stronger than you think.

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Summary: Supreme Court Decision in Sessions v. Dimaya.

Eliot Kim Fri, Apr 27, 2018, 1:00 PM

The Supreme Court ruled that Section 16(b) of the Immigration and Nationality Act—defining “crime of violence”—is unconstitutionally vague, and thus violates the due process clause of the Fifth Amendment.