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
Trump v Hawaii: Giving Pretext a Pass
There are plenty of reasons to be concerned about the Supreme Court’s majority opinion in Trump v. Hawaii, which upheld the president’s proclamation banning travel to the U.S.…
The Broad Reach of Carpenter v. United States
By focusing on the nature of the information rather than on the telecommunications nitty-gritty used to gather the information or the structure of the database in which the information…
Detention of Migrant Families as “Deterrence”: Ethical Flaws and Empirical Doubts
The government's own statistics prove the very opposite of what the Justice Department just told a federal court about the deterrent effects of family detention. But let's start…
Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access
Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled…
The Government Has Yet to Produce Evidence Showing the Travel Ban is About National Security
The very first thing that Solicitor General Noel Francisco told the court at oral argument in Hawaii v. Trump was: “After a worldwide multi-agency review, the President’s acting…
“Zero Tolerance” and the Detention of Children: Torture under International Law
The Trump administration will continue to run afoul of refugee and human rights law unless and until it stops criminalizing refugees and ends the unjustified detention of children.
Dangerous Drone Bill Emerges from Senate Committee
It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant…
Not the Final Word
Can a sitting president be indicted? The public should be skeptical of the argument that a president can’t be, which frequently relies on two opinions by the Justice Department’s…
Paul Manafort = Evidence of Collusion
"The following facts essentially speak for themselves. Simply put, any fair reading of the public record would surely come to the conclusion that there is significant evidence…
What’s Ukraine Got to do With It? A Sideshow or Central Inquiry in Russia Probe?
Questions from a U.S. District Court judge recently in Special Counsel Robert Mueller’s case against former Trump campaign manager Paul Manafort illustrate a common point of…
Testimony from the Senate Judiciary Committee’s Hearing on Election Interference
Ryan Goodman, Just Security‘s co-editor-in-chief, is testifying on Tuesday before the Senate Judiciary Committee as part of its hearing on, “Election Interference:…
If Grand Jury Thinks Manafort Obstructed Justice, Bail Judge Might Too
Special Counsel Robert Mueller unsealed a superseding indictment of Paul Manafort that adds defendant Konstantin Kilimnik, and includes charges of obstruction of justice and conspiracy…