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
Drawing a Line on Mass Surveillance: How Congress Must Reform Section 702
RAF Menwith Hill in the United Kingdom, host to U.S. National Security Agency facilities. On Monday, members of the House Intelligence Committee held an open hearing into Russian…
Judge Gorsuch and Executive Power
I’ll be testifying tomorrow before the Senate Judiciary Committee about Judge Gorsuch’s nomination to the Supreme Court. I intend to focus on Judge Gorsuch’s tenure at the…
Closing the Loop: Sabrina De Sousa Pardoned for Role in CIA Torture and Rendition
Just a quick note to close the loop on the Sabrina De Sousa case, which I discussed in greater detail here. On the day before she was to be extradited to Italy from Portugal,…
NYPD Muslim Surveillance Settlement a Victory for New Yorkers, but Vigilance Still Needed
Just a day before courts blocked President Donald Trump’s second “Muslim ban,” a judge in New York City formally approved a joint settlement in two lawsuits challenging…
Ukraine Update: the ICJ Proceedings & Options for Justice in the United States
With the Congressional hearings on Russia dominating the news, this post provides an update on proceedings before the International Court of Justice (ICJ) in the matter of Ukraine…
Just Security’s Executive Editor Jameel Jaffer to Testify in Gorsuch Hearings
Jameel Jaffer — Director of Columbia University’s Knight First Amendment Institute and Executive Editor of Just Security — has been invited to testify before…
Norms Watch: Tracking the Erosion of Democratic Traditions (Mar. 10-17)
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…
Why Trump’s Travel and Refugee Ban is Doomed
Contrary to President Donald Trump’s recent suggestion that his revised travel ban is the victim of “judicial overreach,” his problem isn’t just courts in the Ninth Circuit,…
Questions for Judge Gorsuch
On Monday, the Senate hearing on Judge Neil Gorsuch’s nomination to the Supreme Court will begin. As Senators prepare for the hearing, it is important they pay careful attention…
…and the Ninth Circuit Weighs Back in on the Original Travel Ban…
Busy night. The Ninth Circuit has released an order denying en banc rehearing of the three-judge panel decision in Washington v. Trump from last month (which, readers may recall,…
Hawai’i District Court Grants TRO of the “New” Immigration Executive Order
The 43-page ruling is here. In a nutshell, the court held that, at least at the temporary restraining order stage, a balance of the relevant factors weighed in favor of the plaintiffs…
The Washington State Lawsuit on the Travel Ban—Do the Plaintiffs Have Standing?
The issuance of President Trump’s new (somewhat) revised executive order, temporarily suspending entry into the United States by nationals of six predominantly Muslim…