Chief Justice John Roberts’s census ruling may strengthen deference to executive discretion when wielded by a future normal presidency, but for select occasions, he has revived a neglected counterdeference tool—pretext analysis.
Latest in U.S. Supreme Court
The Supreme Court’s decision in Nielsen v. Preap suggests that future constitutional challenges to mandatory immigration detention will face formidable obstacles.
On Feb. 27, the Supreme Court issued a 7-1 opinion in Jam v. International Financial Corporation, deciding that international organizations have the same level of immunity from lawsuits granted to foreign governments.
The unnamed foreign corporation challenging a subpoena issued by Special Counsel Robert Mueller filed a cert petition seeking Supreme Court review of the D.C. Circuit's decision in favor of Mueller. The petition is available in partially redacted form below.
On Tuesday, the Supreme Court on 5-4 decisions granted two stays of district court injunctions in Trump v. Karnoski and Trump v. Stockman, two cases challenging the Trump administration's ban on military service by transgender people. The orders are below.
18A625 TRUMP, PRESIDENT OF U.S., ET AL. V. KARNOSKI, RYAN, ET AL.
The Supreme Court’s ruling has already had significant repercussions in criminal sentencing, and it is likely to affect how terrorists—and other felons—are prosecuted in the future.
The good-faith exception has washed out cases involving pre-Carpenter searches, but a few courts have extended the ruling’s logic to new types of data.
The oral argument suggests at least three possible outcomes.
During the fourth day of hearings on Judge Brett Kavanaugh's nomination to the Supreme Court, two experts testified on matters that may be of interest to Lawfare readers. Rebecca Ingber, associate professor at Boston University School of Law and contributing editor for Lawfare, testified about Judge Kavanaugh's approaches to executive deference on national security matters and to international law.
This week, we explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.” It’s an all-time classic regarding the separation of powers in general and war-related powers in particular (not to mention constitutional interpretive method, theories of emergency power, and more). In this deep dive, we: