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
Pence’s Troubling Advice: Follow the Chain of Command “Without Exception”
After thinking about Vice President Mike Pence’s remarks last Friday at the United States Naval Academy’s commencement, I found one part of his speech particularly alarming:…
Recap of Recent Posts on Just Security (May 20-26)
I. Foreign Policy Michael Posner, Tillerson’s Degradation of Human Rights Mustn’t–and Can’t Yet–be Executive Branch Policy (Monday, May 22) Sydney Blumenthal, What…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (May 19-26)
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…
Can Flynn Assert a Fifth Amendment Privilege to Withhold Documents?
The news that retired Lt. Gen. Michael Flynn, Trump’s former national security advisor and campaign aide, has refused to comply with a Senate Intelligence Committee subpoena…
Politicians Keep Buying Kris Kobach’s Ideas Despite Track Record of Failure
Kris Kobach, the Secretary of State for Kansas and an anti-immigrant and vote-suppressing activist, has been angling for a job in the Trump administration since the election. But…
A Prosecutor’s View: The Evidence of Trump’s Obstruction is Now Compelling
There has been considerable discussion over the last week about whether President Donald Trump committed the crime of obstruction of justice when he fired James Comey as director…
Don’t Be So Quick to Call Those Disclosures “Legal”
Following multiple reports that President Trump disclosed highly classified information to Russian officials at a private meeting, various legal experts have asserted that Trump…
Norms Watch: Tracking the Erosion of Democratic Traditions (May 5-12)
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…
Reports Suggest Comey’s Firing Could Be an Obstruction of Justice in Russia Investigation
If President Donald Trump orchestrated the decision to fire the Director of the FBI to subvert or undermine the integrity of investigations into the Trump campaign’s possible…
What is the Significance of Grand Jury Subpoenas in the Flynn Investigation?
CNN is reporting that a federal grand jury sitting in Alexandria, Virginia, has issued subpoenas in the last weeks seeking documents and records from associates of Michael Flynn…
The Constitutional Rubicon of an Assange Prosecution
If you were tuning in and out of FBI Director James Comey’s hearing before the House Intelligence Committee last Wednesday, you probably got an earful about Comey’s public…
Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful
Cross-posted on Take Care. In the Fourth Circuit oral argument yesterday in IRAP v. Trump, Judge Barbara Keenan put her finger on a simple, basic reason why Section 2(c) of…