My recent article “Qualified Immunity on Appeal: An Empirical Assessment” provides the most comprehensive study to date of the resolution of qualified immunity appeals in federal court. Here’s what I found.
Latest in U.S. Supreme Court
On Dec. 9, the Supreme Court heard a challenge to the constitutionality of the Federal Housing Finance Agency. The case may determine Congress’s ability to limit the president’s removal power.
The cases center on the question: When can a U.S. company be sued for alleged human rights violations abroad under the Alien Tort Statute?
The arguments about the scope of the Computer Fraud and Abuse Act focused on the statute’s text and purpose—and some interesting hypotheticals.
The Supreme Court has unanimously undercut the core premise to this argument.
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.
Why has it taken until now for a Supreme Court justice to pay attention to Section 230 of the Communications Decency Act?
The opinions reveal a Supreme Court grappling with the implications of the inseparable duality of the individual president and the institutional presidency.
The decision carries implications for the rights of asylum-seekers facing expedited removal, the purpose of the writ of habeas corpus and the judiciary’s role in checking executive power.