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
President Trump’s Stain on Brett Kavanaugh and How to Remove It
A debate has erupted over Judge Brett Kavanaugh’s views on legal issues which could arise out of the pending investigations of the man who has nominated him for the Supreme Court,…
What Judge Kavanaugh’s “Originalism” Means for the Country
"But Kavanaugh’s nomination presents a question that is much deeper than whether the Court is destined to tack to the right on particular policy questions. At stake is what role…
Setting the Record Straight: Brett Kavanaugh’s Views on Criminal Investigation of the President
An important dimension of the Senate’s consideration of Judge Brett Kavanaugh’s nomination for the Supreme Court involves the judge’s views of a president’s immunities…
The Real-Life Consequences of the (Now Lawful) Travel Ban
This is how the third version of Trump’s travel ban, the one that the Supreme Court says is lawful, affects one person. One American. One family. As an immigration lawyer,…
Trump’s Militia Pardon is Another Blow to Federal Law Enforcement
News that Trump has pardoned two cattle ranchers who committed arson on public lands should alarm anyone who is committed to our legal institutions.
Mueller Lacks Authority to Indict Trump
Whatever one’s views on the ultimate questions of whether a sitting president may constitutionally be indicted and for what offenses, they are as a practical (and legal) matter…
Unpacking DOJ’s New Claim that DHS Can Legally Detain Migrant Children with Their Parents for Longer than Twenty Days
The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to…
What Makes the Lawsuit against Trump’s Foundation Very Different
Last week, the New York Supreme Court set an October date to hear motions in state attorney general Barbara Underwood’s civil suit against Donald Trump, his eldest children,…
Studies: Mass Detention of Migrant Families is Unnecessary, Inefficient
The administration’s turn toward mass detention of asylum seekers and migrants flies in the face of numerous empirical studies, including the government’s own statistics, that…
Kennedy’s Replacement: Presidential Self-Interest and the Functions of the Confirmation Process
With the ongoing Russia investigation, what actions can and should the Senate take in Supreme Court nomination process? Former White House Counsel discusses likely Supreme Court…
Contrary to Popular Belief, the Court Did Not Hold that the Travel Ban is Lawful—Anything But
"Don’t believe the hype. In fact, not a single Justice on the Court decided—or even suggested—that the Proclamation’s exclusion of entry of nationals from five Muslim-majority…
Just Security Podcast: Harold Koh and Cristina Rodríguez on the Travel Ban
As most of us know, the Supreme Court this week upheld the Trump administration’s travel ban that bars citizens from seven countries, of which, five have a Muslim majority…