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
The National Security Law Podcast: Military Commissions, Military Officers in the Cabinet, the Laws of War, and More
This week’s episode certainly has a military theme. Professors Chesney and Vladeck start off with a surprisingly (or is it disturbingly?) lengthy discussion of the writ…
Your Tweet is My Command
My friend Phil Carter has written an excellent piece for Slate, pointing out the institutional dangers of disregarding President Trump’s recent series of tweets that…
We Are Already in a State of Emergency
As Trump reissues his “lock her up” talk against Hillary Clinton and assaults the Justice Department, FBI, and media, the Brennan Center recently had a prescient meeting about…
The President’s Pardons Paradox: Granting Them Could Aid the Prosecution
It emerged late last week that President Trump has reportedly queried his lawyers regarding the nature and scope of his authority to pardon individuals including himself. Over…
How the Prospect of Indictment Could Impact the President’s Decision Making
Over the weekend, the New York Times revealed that former Independent Counsel Kenneth Starr concluded that it was “proper, constitutional, and legal for a federal grand…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (July 14-July 21)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Litigating the Supreme Court’s Entry Ban Opinion: What’s the Required Connection?
All of the briefs are now in on the government’s motion to the Supreme Court for clarification of its order in Trump v. Hawaii, No. 16-1540: The Government’s Motion.…
Kaveladze’s Writings: Called Media Coverage of Major Russian Crime Syndicate an “Ethnic Witch Hunt”
It is now widely reported that that Irakly “Ike” Kaveladze, the so-called eighth-person in the Trump campaign meeting with Russians on June 9, 2016, played a key role in…
The Office of Legal Counsel and Secret Law
In theory, it’s the province of the judiciary to say what the law is, but in practice this task often falls to the Office of Legal Counsel. This is because many important questions…
Back to the Supreme Court on the Scope of the Entry Ban Injunction: First Thoughts
Thursday night, Judge Watson issued a ruling rejecting two of the ways in which the government has interpreted the Supreme Court’s modification of the preliminary injunctions…
Trump Tower Meeting Helps Show Collusion Up To Election Day
Just Security’s Rolf Mowatt-Larssen and Ryan Goodman make the following points. Knowing about the Trump Tower meeting with Russians on June 9, 2016, we can now understand much…
David Cole on Stopping Authoritarianism’s Rise in the United States
Since becoming National Legal Director of the ACLU, Just Security editorial board member David Cole has been spending a lot of time in Just Security’s home base of New…