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
If Trump Revoked Critics’ Security Clearances, Could They Sue?
There’s a strong argument to be made that at least some constitutional challenges to the revocation of security clearances would be judicially reviewable.
Trump’s Order on Administrative Law Judges: Perhaps Insidious, Probably Harmless
A career civil service insulated from partisan retaliation has been a fixture of American government since the enactment of the Pendleton Act 135 years ago. Such a bureaucracy…
Setting the Record Straight: The Pardon Power is Part of the Rule of Law
Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…
When the President is At War with the Presidency: Implications for Presidential Authority from Trump v. Hawaii
What is the relationship between the person of the president and the office of the presidency? That question lies at the crux of Trump v. Hawaii, though it remains largely unaddressed…
“We Could Hold Them for 100 Years If the Conflict Lasts for 100 Years”
Last week, Justice Department lawyer Ronald Wiltsie told a federal district court in Washington, D.C. that the Trump administration is entitled to imprison detainees for 100 years…
Poland: Failing at Both Law and Justice
Poland’s justice system is in “disarray” for the second time in just over two years as a result of the policies of the country’s Law and Justice-led government. The history…
The Trump-Bolton Misdirection on Russian Extradition: Plenty of Legal Options Exist to Gain Custody of Russian Suspects
John Bolton is wrong. Extradition and other legal options are potentially available to gain custody of indicted Russian hackers. "In their Helsinki meeting, President Trump can—and…
Six Big Takeaways from Mueller’s Indictment of Russian Intel Officers
One of the biggest takeaways from Mueller's indictment? WikiLeaks appears to have been deeply involved in a Russian intelligence operation.
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,…