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
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.…
9 Top First Amendment Experts React to White House Press Briefing Ban on CNN, NYT, Others
On Friday, the White House barred specific news organizations from attending a press briefing by spokesman Sean Spicer. Among the organizations excluded from the question and answer…
Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 17-24)
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…
Just Security Event: Surveillance and the Trump Administration
Join Just Security for a fireside chat on U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What…
Do-Overs and Judicial Legitimacy: Thoughts as We Await the New Immigration Executive Order
All signs indicate the White House will issue a new executive order this week intended to replace its January 27th order that halted entry into the U.S. by nationals of seven predominantly…
Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 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…
Q&A: Could Michael Flynn Be Prosecuted Under the Logan Act?
The news from overnight that National Security Adviser Michael Flynn has resigned over his inappropriate pre-Inauguration dealings with Russia has also reinvigorated the debate…
The United Divided States: San Francisco Sues Donald Trump for Sanctuary Cities Order
Amidst the well-placed outrage over Trump’s Executive Order selectively banning immigrants from seven Muslim-majority countries – including an array of critiques, lawsuits,…
Questions for Neil Gorsuch’s Confirmation Hearing
Here’s a list of questions I hope will be asked of Judge Neil Gorsuch, the President’s nominee to fill the vacant Supreme Court seat, at his Senate confirmation hearing. Most…