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
Did the Supreme Court Tip Its Hand on How It Will Rule on the Travel Ban?
Today, the Supreme Court partially stayed and partially upheld the lower court injunctions in the travel ban litigation. The way in which the Court split the baby is perhaps the…
It’s All About that Stay (and Its Surprising Limits)
Preliminary thoughts (reserving the right to add more as the day goes on!): The Court nominally granted certiorari in the two “travel ban” cases today, but for reasons…
Cross-Border Access to Data: Google’s Senior VP Weighs In
This morning, Kent Walker, Senior Vice-President and General Counsel of Google, gave a speech to a packed audience at the Heritage Foundation, laying out the need for new laws…
Donald Trump’s Say-So is Not a Presidential “National Security Judgment”
The government just filed its final pleading before the Justices’ consideration of the entry-ban cases tomorrow. This follows final briefs that the IRAP and Hawaii plaintiffs…
About that Executive Privilege “Policy”: Congress Should Call the Bluff
During last week’s hearing of the Senate intelligence committee, Attorney General Jeff Sessions generated withering criticism by repeatedly refusing to answer Senators’ questions…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 9-June 16)
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…
How the President’s “Clarifying” Memorandum Destroys the Case for the Entry Ban
[Cross-posted on the Take Care blog.] The government’s argument for suspending all entry into the United States of non-citizens from seven (now six) Muslim-majority countries…
The President Resuscitates the Entry Ban: Where Should the Court Go From Here?
Section 2(c) of Executive Order 13780, suspending entry into the United States of all nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, died of natural causes at 12:01…
Freedom of Expression and the Digital Access Industry: Five Key Takeaways
The Internet, a historically unparalleled source of information and expression, has also become a playground for censorship, punishment and propaganda. Not a day goes by where…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 2-June 9)
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…
Neither Facially Legitimate Nor Bona Fide–Why the Very Text of the Travel Ban Shows It’s Unconstitutional
As the litigation over the travel ban moves to the Supreme Court, the most important passage in the Fourth Circuit’s en banc opinion may be a tangential footnote finding “yet…
Mueller’s Investigation of Obstruction of Justice: The Next Steps
James Comey’s written and oral testimony before the Senate Intelligence Committee raises many legal, ethical, and political questions that will have to be pondered in the coming…