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.
2,856 Articles
The Social Meaning of Confirming Kavanaugh is Inescapable
The social significance of what it would mean, especially for certain Senators, to confirm Judge Brett Kavanaugh is now set.
Here Are the 30 People the FBI Needs to Interview in its Kavanaugh Investigation
There are 30 witnesses who are known and who must, at a minimum, be included in any serious FBI inquiry of the sexual assault allegations against Judge Brett Kavanaugh.
Letter to the Editor: Belief, Proof and a Plea for Mutual Understanding
If the past several years have shown us anything, it’s that the only viable path back to civil discourse and functional politics involves at least entertaining the possibility…
Should Judge Kavanaugh Be Removed from the Bench? The Question We Ought to Be Asking
Think not only what he did 36 years ago, but if the allegations are correct, think what he may have done to Dr. Ford just last week. The solemn inquiry of whether an individual…
She’s Credible, So Long As Her Attacker Is Not Our Guy
Dr. Christine Blasey Ford emerged from Thursday’s hearing with few openly doubting her story, except for one critical detail: The identity of the man who assaulted her.
New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…
Who Might Replace Rod Rosenstein and What Would it Mean for the Mueller and SDNY Investigations?: A Deep Dive
Who would replace Rosenstein as deputy attorney general in the event Trump fires him or he resigns under pressure? And who would supervise the Russia and related investigations?…
A Feminist and Comparative Reflection on Judicial Appointment and Sexual Harm
It's worth considering the potential, domestic judicial consequences of the allegations of sexual assault against Judge Brett Kavanaugh, but also the ways in which these allegations…
Does Trump Have Legal Authority to Follow Through on John Bolton’s Threats to the Int’l Criminal Court?
Many observers have already written, on Just Security and elsewhere, of how National Security Advisor John Bolton’s predictable attack on the International Criminal Court…
Countries’ Reactions to Bolton’s Attack on the ICC
Here we lay out the reactions of different states that we’ve managed to gather so far after looking for statements by all 123 States Parties to the Rome Statute, as well as some…
The Legal Line Crossed in Bolton’s Attack on the ICC
National Security Adviser John Bolton’s Sept. 10 speech on U.S. policy towards the International Criminal Court (ICC) – prompted by the ICC Pre-Trial Chamber’s impending…
Sessions’ Recusal and Rosenstein’s Appointment of a Special Counsel—Both Were Legally Required
President Donald Trump made 5,001 false or misleading claims, as of Sept. 12, 2018, according to a running tally kept by the Washington Post. This included an astonishing 79 such…