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The Supreme Court's Own Goal on Climate Change
The Supreme Court’s June decision in West Virginia v. Environmental Protection Agency drastically limits the agency’s regulatory authority to curtail the effects of the climate crisis and stands in jarri... -
After Dobbs, Democrats and Republicans Switch Places on Speech Policy
Republicans have long advocated against platform censorship, while Democrats have favored more restrictions on speech. In the wake of the Supreme Court’s decision, both parties are now pushing speech pol... -
Supreme Court Embraces Broad Congressional War Powers in Torres
In Torres v. Texas Dep’t of Public Safety, the Court held that private suits against states are authorized under Congress’s war powers, carving out a new structural waiver exception to state sovereign im... -
Summer 2022 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials' (7th ed. 2020)
The Summer 2022 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare. -
Supreme Court Rules in Egbert v. Boule
In a 6-3 decision released on June 8, the Supreme Court ruled that claims filed by individuals under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics against federal agents do not extend... -
Supreme Court Rules in Patel v. Garland
The Supreme Court ruled that federal courts lack jurisdiction to review fact findings in discretionary relief cases related to immigration proceedings. -
Judge Ketanji Brown Jackson on National Security Law: A Reader’s Guide
In February, President Biden nominated Judge Ketanji Brown Jackson to the U.S. Supreme Court. We reviewed several of Jackson’s opinions to see what they might reveal about her views on issues relevant to... -
The ICC Investigates the Situation in Ukraine: Jurisdiction and Potential Implications
What are the extent and limits of the court’s jurisdiction over the conflict? -
Supreme Court Rules in FBI v. Fazaga
The Supreme Court unanimously held that the Foreign Intelligence Surveillance Act does not displace the state secrets privilege. -
Supreme Court Rules in United States v. Abu Zubaydah
The court decided that the federal government could invoke the state secrets privilege to block two CIA contractors from testifying about a Guantanamo detainee’s treatment at a CIA black site. -
How Courts Can Protect Democracy From Abuse of Emergency Powers
The Supreme Court should shift its approach to emergency powers (defined broadly to include national security) to take into account the role they can play in undermining democracy. -
War Powers and State Sovereign Immunity in Torres v. Texas Dep’t of Public Safety
The Torres decision will not only determine if protections are available to hundreds of thousands of veterans against employment discrimination but also could have broader ramifications for the war power...
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