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.
2,856 Articles
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…
The Smoking Gun for Donald Trump Jr. and the Trump Campaign Committee
On Saturday, the New York Times broke the news of a previously unreported Trump Tower meeting in June 2016 between a Kremlin-connected Russian lawyer and Donald Trump Jr., Trump…
Explainer: The Special Counsel Investigation
All eyes are on Robert Mueller. In May, Deputy Attorney General Rod Rosenstein appointed the former FBI Director as special counsel to oversee the Department of Justice’s Russia…
Not Just a Personal Problem for Trump Jr.–Now Trouble for the Trump Campaign and Trump Sr.
There is an impression developing in the current reporting that somehow Donald Trump Jr.’s emails and activities may be primarily a personal problem. But he was, of course, an…
Open Door to Moscow? New Facts in the Potential Criminal Case of Trump Campaign Coordination with Russia
The Trump campaign in 2016 was signaling to Russia that it would be happy to have the Putin regime’s help. President Trump, as a candidate, famously called for Russia’s assistance.…
Crossing the “t”s and Dotting the “i”s: Back to Square One in the Hawaii Entry Ban Dispute
In short, the Court of Appeals for the Ninth Circuit held that it did not have jurisdiction to consider an appeal of Judge Watson’s interlocutory order in which he concluded…
Most Americans Disagree With Trump Admin’s Enforcing Travel Ban Against Grandparents
One of the hotly contested questions in the Travel Ban litigation is the definition of “close family relationships.” The Supreme Court told the administration that it cannot…
The Supreme Court’s Decision to Hear Travel Ban Cases Does Not Bode Well for Civil Liberties
On June 26, the Supreme Court announced it would hear two cases challenging President Donald Trump’s Muslim Ban. The Court’s decision to hear these matters should surprise…
Seriously? The Court Intended to Exclude Grandmas from the Preliminary Injunctions? [UPDATED with Hawaii motion]
I just wanted to add a brief follow-up to the excellent posts by Leah Litman and by Ryan Goodman and Adam Cox on the absurdity of the Administration’s interpretation of the…