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
What Facts Would Deny the Trump Campaign First Amendment Protections in Colluding with Russia
The leading First Amendment and media law expert Floyd Abrams discusses Russia collusion case.
Contempt Prosecutions Require Comity Between Branches of Government, Now Add Trump
The campaign season for the midterm elections is in full swing, with the Republican majorities in the House and, to a lesser extent, Senate in some peril. Should we have a divided…
What Might Force Mueller’s Hand Before the Midterms? Exceptions to the DOJ 60-Day “Rule”
How much does this standard tie Mueller’s hands, and is there anything that might argue in favor of a pre-election surprise? Could, for example, efforts by Trump affiliates to…
Taking Stock of the FBI’s Role in Senate Confirmations after Kavanaugh
I previously wrote that at least some of Judge Kavanaugh’s confirmation challenges are symptomatic of the White House’s general disdain of the vetting process. That may seem…
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…