In reality, it was a mass expulsion carried out despite the Supreme Court's recognition of tribal sovereignty. Raphael Lemkin ...

The proposition of granting public officials legal immunity for their conduct is an inherently contentious one. It stems from the conflict between the responsibility to protect individual rights and ...

Political question doctrine is best understood as one of jurisdiction and judicial restraint.

Political question reasoning has also surfaced in some of the republic’s most fraught constitutional moments. It was flouted ...

'You can't always get what you want ... 'These lines from Rolling Stones song land differently in Washington. Presidents push. Courts push back. And sometimes the lyrics fit a little too well.After ...

Major Questions is a recurring series by Adam White, which analyzes the court’s approach to administrative law, agencies, and the lower courts. Does legislative history have a future in judicial […] ...

Few recent appeals have featured the tangential baggage of the combined cases that challenge Trump’s tariffs based on the International Emergency Economic Powers Act (IEEPA) — Learning Resources Inc.

The Constitution grants Congress, not the president, the power to mobilize the military—and for good reason.

Jon Fasman, our senior culture correspondent, explores the making of a national pastime in an age of immigration and industrialisation ...

In INS v. Chadha, the justices struck down legislative vetoes as violating constitutional requirements of bicameral passage and presentment to the President, undercutting a key enforcement mechanism ...

Bonta, with all six of the Court’s Republicans in the majority, and all three Democrats in dissent (Republican Justices ...

Justice Clarence Thomas cited President Richard Nixon's 1971 import surcharge precedent in his dissent, arguing Congress authorized tariff authority under emergency powers law.