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.
2,932 Articles
Crossing the “t”s and Dotting the “i”s: Back to Square One in the Hawaii Entry Ban Dispute
In short, the Court of Appeals for the Ninth Circuit held that it did not have jurisdiction to consider an appeal of Judge Watson’s interlocutory order in which he concluded…
Most Americans Disagree With Trump Admin’s Enforcing Travel Ban Against Grandparents
One of the hotly contested questions in the Travel Ban litigation is the definition of “close family relationships.” The Supreme Court told the administration that it cannot…
The Supreme Court’s Decision to Hear Travel Ban Cases Does Not Bode Well for Civil Liberties
On June 26, the Supreme Court announced it would hear two cases challenging President Donald Trump’s Muslim Ban. The Court’s decision to hear these matters should surprise…
Seriously? The Court Intended to Exclude Grandmas from the Preliminary Injunctions? [UPDATED with Hawaii motion]
I just wanted to add a brief follow-up to the excellent posts by Leah Litman and by Ryan Goodman and Adam Cox on the absurdity of the Administration’s interpretation of the…
Trump Definition of “Family” Is in Contempt of Supreme Court Travel Ban Ruling
On Monday, the Supreme Court held that the administration must not enforce its Travel Ban Executive Order against foreign nationals who have “a credible claim” of a “close…
A Test Case for Guantánamo’s New Convening Authority
The latest Guantánamo military commission case to make headlines—the new charges against Encep Nurjamen (a.k.a. Hambali)—is shrouded in an unusual amount of secrecy. But when…
Unlocking the Mysteries of the Supreme Court’s Entry Ban Decision
Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury…
Saif Gaddafi’s Release and the Challenge for International Criminal Justice
Six years after his capture during the Arab Spring uprising against his father Muammar Gaddafi, and despite pending charges in the International Criminal Court, Saif al Islam Gaddafi…
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…