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
Explainer: Object Lessons in Mismanagement at the Donald J. Trump Foundation
Amid the many legal problems swirling around President Trump, New York state authorities have launched significant investigations of the Donald J. Trump Foundation. The Attorney…
The Constitutional Challenge to Robert Mueller’s Appointment (Part III): What Would be “Good Cause” to Remove Mueller?
[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…
Jam v. International Finance Corp.: May International Organizations Violate Rights with Impunity?
Tomorrow, the Supreme Court will hear oral argument in a case that will decide the scope of immunity for international organizations in our courts. This issue facing the Supreme…
Immigrants’ First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Are federal immigration officers free to retaliate against immigrant activists who exercise their First Amendment rights? That is the question the Second Circuit will confront…
The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?
[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…
(Not So) Fast and Furious Settlement in Congressional Subpoena Case
Efforts to settle lengthy litigation over congressional subpoena power and executive privilege hit a snag this week. Judge Amy Berman Jackson declined to vacate her executive privilege…
The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction
[Minor Update after Oral Argument below–November 8] Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson,…
Polish Government’s Power Trip Interrupted?
The European Court of Justice tells Poland's Law and Justice party: Follow European Union rules or leave.
U.S. Libel Case Over Russian Poisoning Takes Aim at Kremlin Propaganda
A lawsuit in U.S. District Court in Manhattan alleges defamation by two Kremlin-controlled television stations widely available in the United States concerning the infamous poisoning…
What Is the Flores Agreement, and What Happens If the Trump Administration Withdraws from It?
If the Trump administration succeeds in ending a decades-old court decision governing the treatment of migrant children, it will be able to detain migrant children indefinitely…
Dispelling Some Myths About Consular Immunity and the Khashoggi Investigation
Turkey and Saudi Arabia are both parties to the Vienna Convention on Consular Relations (VCCR). Because the alleged acts took place at a consulate rather than the Saudi embassy,…
Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…