Embedded in a recently decided Supreme Court case about Cuba and the Foreign Sovereign Immunities Act—Exxon Mobil v. Cimex(opens in new tab)—was a...
The Supreme Court’s turn to “history and tradition” raises the critical question of what to do about “bad traditions.” If the customs of yore were...
On Friday, the archconservative U.S. Court of Appeals for the 5th Circuit issued a stunning nationwide injunction that directly affects one-fourth of...
In the four years since the Supreme Court decided Dobbs, cases involving abortion have come before it repeatedly. Each time, the court has ducked the...
After an impatient wait, the U.S. Supreme Court finally handed down its opinion in Learning Resources, Inc. v. Trump, the tariffs case, on Friday, Feb...
Under President Joe Biden, the U. S. Attorney General appointed a special federal prosecutor to investigate former President Donald Trump’s actions...
The Supreme Court’s current approach to religious freedom reflects an asymmetric view of religious motivation. Under the Free Exercise Clause, the...
Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary.
On Nov. 5...
In United States v. Skrmetti the Supreme Court will consider whether Tennessee’s broad prohibitions on gender-affirming care for minors violates the...
In Trump v. CASA, the Supreme Court held that district courts do not have the authority to issue “universal” injunctions that protect nonparties...
Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...
To uphold Tennessee’s ban on pediatric gender-affirming care, the court in United States v. Skrmetti hid from the specter of discrimination. The court...
Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress’s subpoena power and power of...
Following the Supreme Court’s momentous decision last term in Loper Bright Enterprises v. Raimondo, much of the scholarly discussion has focused on...
Nationwide injunctions keep the Trump administration from violating federal law during the time it would take the US Supreme Court to intervene.
Trump v. United States is so intensely criticized that, in some quarters, it is at risk of being included in the anti-canon. It is alleged to be...
