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
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…
Trump Gets “Presumption of Innocence” Wrong on Saudi Responsibility for Khashoggi Disappearance
President Donald Trump has weighed in several times in recent days on the disappearance of Jamal Khashoggi in ways that seem intended to minimize Saudi Arabia’s responsibility,…
MBS and the Torture Victims Protection Act–His travel to the United States may no longer be an option
As each day brings new developments in the murder of Jamal Kashoggi, one of the questions I’ve been wondering about is what role, if any, US courts might play in helping…
What Are the Consequences of the Trump Administration’s Recent Treaty Withdrawals?
Resorting to treaty withdrawal in response to adverse actions by other parties or decisions by international courts sets a destabilizing precedent.
On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…