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
Keeping K2 (European Human Rights Court Decision on Citizenship-Stripping) in Perspective
Yesterday, the European Court of Human Rights (ECtHR) in Strasbourg rejected as inadmissible an application by K2, a terror suspect born in Sudan but who acquired British citizenship…
European Court of Human Rights Decides UK Did Not Violate Human Rights When it Revoked Terror Suspect’s Citizenship
The European Court of Human Rights (ECHR) has ruled that there was no human rights violation in the United Kingdom’s decision to strip a terror suspect of his British citizenship…
Who is Judge Gorsuch?
Over two weeks ago, Senator Dianne Feinstein, the Ranking Member of the Senate Judiciary Committee, sent Judge Gorsuch a letter asking about his role in 10 high-profile cases that…
A Small Step Toward a Better House of Representatives
Today the Committee on House Administration took a small but important step to restore the House of Representatives as an effective legislative and oversight body. It voted unanimously…
Ukraine Asks for Immediate Relief in Its Case Against Russia before the International Court of Justice
Further to our original post about Ukraine’s suit against Russia before the International Court of Justice, the ICJ is holding hearings this week on Ukraine’s request for provisional…
Does Trump’s New Travel Ban Violate the Establishment Clause?
President Trump has signed a new travel ban. In some respects, the new executive order on immigration looks like the old one, which was held to be unconstitutional. So does the…
It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know
In his latest round of twiplash, President Trump on Saturday leveled a very serious accusation: that President Obama had personally ordered the “tapping” of telephone lines…
Whistleblower Retaliation: A Governmental Accountability and National Security Crisis
The role of an Inspector General (IG) office in a federal agency or department is to root out waste, fraud, and abuse, and where necessary refer criminal conduct to the Justice…
Holding the Federal Government in Contempt of Court: What Powers Do Judges Have Over an Administration?
Within a day of the Trump administration’s January 27 travel order, a U.S. district court ordered Customs and Border Protection (CBP) to permit lawyers access to certain detainees…
What’s at Stake When Trump Discredits the Press
Donald Trump’s relentless media bashing has become one of the most persistent tropes of his cacophonous early time in office. He and his administration have called the press…
Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act
The Logan Act, a 1799 federal law that makes it a federal felony for a private person to engage in international diplomacy in a way that undermines U.S. foreign policy, has recently…
When Federal Courts Subtweet Sean Spicer…
On any other Monday, in any other year, it’s hard to imagine that today’s 19-page ruling by Judge Oetken in Nicholas v. City of New York would merit much attention.…