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.
2,864 Articles
Why We March—A Bipartisan Coalition Has Got Mueller’s Back
Two days after a national election, the last thing the media expected to see was over 100,000 grassroots activists rallied in the streets. Chris Hayes encapsulated the press…
Whitaker’s Unofficial Role as Adviser to Trump Campaign is a Clear Red Line
Whitaker served as a "sounding board" for the national co-chairman of the Trump campaign, and continued to have regular private communications with this important grand jury witness.
The Constitutional Challenge to Mueller’s Appointment (Part VI): Oral Argument and Supplemental Briefing Order [UPDATED]
On Thursday, I attended the oral argument in Miller v. United States, No. 18-3052, a case challenging the constitutionality of Robert Mueller’s appointment to serve as “Special…
The Already-Strong Campaign Finance Case Against Donald Trump Just Got Stronger—Criminal offenses included
Friday's blockbuster Wall Street Journal report provides significant evidence of criminal wrongdoing by Donald Trump—top election law experts explains why.
A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation
Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.” The President promptly tweeted: “We are pleased to announce…
Painful Lessons of Stripping Citizenship Can Be Found Across the Globe
The Trump administration’s quest to end “birthright” citizenship is not only unconstitutional and immoral, it defies our history and the lessons that mass citizenship-strippers…
Jamal Khashoggi, the U.S. Supreme Court and the Limits of Inviolability
Jamal Khashoggi’s murder could complicate the Sudan v. Harrison case, which is set for oral argument before the Supreme Court on November 7.
Reply to Bauer and Goodman: No, the Government Doesn’t Decide What ‘Legitimate Press Functions’ Are First Amendment Worthy
Former Obama administration lawyers Bob Bauer and Ryan Goodman make a dangerous argument: that coordination with a political campaign is outside the “legitimate press function” and…
Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia
Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…
Accountability Fatigue: A Human Rights Law Problem for Armed Forces?
Brigadier-General (ret.) Ken Watkin in conversation with General (ret.) David Petraeus' remarks about human rights law and military policies.
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
[With relatively minor oral argument updates; Nov. 8] In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…