Latest in Courts & Litigation
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Civil Liberties Groups Ask Supreme Court to Make FISC Opinions Public
The petitioners argue that the First Amendment gives the public the right to access FISC decisions and that redactions should only serve legitimate national security interests. -
Unpacking a Decade of Appellate Decisions on Qualified Immunity
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 fou... -
Supreme Court Hears Oral Argument in Collins v. Mnuchin
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. -
Supreme Court Hears Oral Arguments in Nestlé v. Doe and Cargill v. Doe
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? -
How to Resolve the U.S.-ICC Conflict
I have an essay today in the Human Rights & International Criminal Law ICC Forum discussing what President Biden and the ICC Prosecutor should do to end the nasty conflict between the U.S. Government and... -
Saudi Crown Prince Facing Lawsuits in D.C.
A preliminary analysis of the legal questions likely to be raised in the lawsuits against the Saudi crown prince. -
Supreme Court Hears Oral Argument in Van Buren v. United States
The arguments about the scope of the Computer Fraud and Abuse Act focused on the statute’s text and purpose—and some interesting hypotheticals. -
State Legislatures Can’t Ignore the Popular Vote in Appointing Electors
The Supreme Court has unanimously undercut the core premise to this argument. -
Amy Coney Barrett on National Security Law
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 Lawfar... -
Section 230 and the Supreme Court: Is Too Late Worse Than Never?
Why has it taken until now for a Supreme Court justice to pay attention to Section 230 of the Communications Decency Act? -
Supreme Court Declines to Review Case on Section 230 (For Now)
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Mazars, Vance and the President’s Two Bodies
The opinions reveal a Supreme Court grappling with the implications of the inseparable duality of the individual president and the institutional presidency.
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