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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. -
Unpacking the Recent Uighur ICC Complaint Against Chinese Leaders
Uighur activist groups filed an ICC complaint against Chinese officials. What’s in the complaint, and how could the ICC exercise its jurisdiction considering China isn’t signed to the Rome Statute? -
Thuraissigiam and the Future of the Suspension Clause
The Supreme Court’s decision in Department of Homeland Security v. Thuraissigiam calls into question several aspects of the court’s earlier decision in Boumediene v. Bush and more generally signals a mor... -
The Supreme Court Rules Against Judicial Review of Expedited Removal
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. -
The Afghanistan Investigation and the International Legal Order
The International Criminal Court’s authorization of an investigation into alleged war crimes in Afghanistan represents the culmination of a complex debate over the law and politics of a probe into the co... -
Court Unseals Ruling Denying Paracha Petition for Habeas Corpus
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The Supreme Court’s Coronavirus Postponement: Pandemics, Precedent and National Risks
The Supreme Court cites past examples to justify its decision to postpone oral arguments. But those past postponements were different in key ways. -
The Federal Courts Begin to Adapt to COVID-19
How have federal courts adjusted to navigate the COVID-19 outbreak? -
ICC Appeals Chamber Authorizes Investigation Into Crimes in Afghanistan
The decision will likely have far-reaching implications for the institutional legitimacy of the court, its relationship with the United States and potential future cases. -
International Criminal Court Appeals Chamber Holds Hearings on Afghanistan
Over three days of hearings, the International Criminal Court’s Appeals Chamber considered whether to overturn an April 2019 decision blocking investigations into alleged war crimes by the Taliban and U.... -
The ICC’s Prosecutor Decision to Investigate the ‘Situation in Palestine’ and Palestinian Statehood
The ICC prosecutor’s determination of jurisdiction relies on a controversial and legally problematic recognition of Palestinian statehood.