Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,932 Articles
Mueller Hearing Risks Narrowing the Range of Impeachable Offenses
The congressional hearings will likely overlook the larger set of impeachable offences even though Mueller's report itself provides significant evidence of them.
35 Questions for Congress to Ask Robert Mueller (+ Questions from Readers)
Former FBI (Rangappa), Justice Department and NSC (Geltzer), and Pentagon (Goodman) officials team up to suggest questions for Mueller.
House Should Prepare Criminal Referral of A.G. Barr for Lying to Congress
Mueller’s testimony puts not only the President’s job and criminal liability on the line. Attorney General Barr is in jeopardy too.
Presidential Abuse of Power Should Be Focus of Mueller Questioning
Instead of focusing on criminal conduct, the House must consider whether as president, Donald Trump abused his power or violated his oath of office.
The National Security Delegation Conundrum
The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…
The Supreme Court Just Made It Easier to Conceal Abuse of Migrant Detainees
The U.S. Supreme Court has reversed a half-century of precedent on citizens’ rights to know what their government is doing, by making it more difficult for the public to probe…
Blocking or Aiding Asylum Seekers? The U.S.-Canada “Safe Third Country” Agreement and Examples from Europe
The Trump administration's new asylum regulation attempts an end run around the statutory requirements of an actual “Safe Third Country” agreement. Here's how such an agreement…
Five Takeaways from Talking Feds’ Mueller Preview Panel
As we prepare for the upcoming congressional testimony of Special Counsel Robert Mueller, we thought it would be helpful to tune into the Talking Feds podcast, which taped a series…
Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising
A look at why the Appeals Chamber of the International Criminal Court made the right decision when it decided Jordan should have arrested then-Sudanese President Omar al-Bashir…
The Distorter-in-Chief is Hosting a Summit on Distortion on Social Media
By pushing Russian-planted disinformation and indulging America’s own conspiracy theorists, Trump is doing the opposite of what he claims to be attempting with the White House…
Self-Defense in International Law: What Level of Evidence?
With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…
Principle Over Pretext: The Supreme Court Isn’t Buying What Wilbur Ross Is Selling
In a ruling that has surprised many legal observers, the Supreme Court, in a 5-4 opinion by Chief Justice John Roberts, dealt the Trump administration a major setback to its efforts…