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
Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 3-10)
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…
The Importance of Judicial Contempt Proceedings in a Trump Era
Among the many peculiar characteristics of the recently elected President is Donald Trump’s unwillingness to follow the ordinary and established norms of the office of President. …
Explainer on Officials in Contempt of Court Orders on #MuslimBan–Tracking All the Cases
In recent days, much of the focus has been on Washington State’s challenge to Trump’s Muslim Ban, which resulted in a nationwide stay upheld by the Ninth Circuit (see here…
[UPDATED: As of Feb. 6th; 6:00 p.m.] Getting a handle on the litigation challenging the seven-nation “travel ban”
The President’s Executive Order is only eight days old, and already there are many cases challenging it in federal court. The suits have been brought by many different…
Why Courts Appear Willing to Reject Trump’s Travel Ban Order
On Friday, James Robart, a U.S. federal district judge in Seattle, issued a nationwide temporary restraining order (TRO) against President Donald Trump’s Executive Order that…
Bipartisan Ex-Senior US Officials to Federal Court: Trump’s Immigration Order Endangers National Security
Overnight tonight, the plaintiffs in Washington v. Trump are expected to file their brief in the Ninth Circuit opposing the government’s motion to overturn the district…
Ukraine v. Russia: Before the International Court of Justice
With all the news around President Donald Trump taking office, and the mass protests, controversial executive orders, and pending lawsuits that followed, it may have escaped notice…
To Detain Lawfully or Not to Detain: Reflections on UK Supreme Court Decision in Serdar Mohammed
The United Kingdom Supreme Court recently delivered a number of high profile and long-awaited decisions, Belhaj v Straw and Rahmatullah v Ministry of Defence, and the joined appeals…
How Trump’s Executive Order on Immigration Violates Religious Freedom Laws
The ACLU and other lawyers are filing complaints across the country against Trump’s executive order on immigration. Yet these lawsuits do not always bring the strongest—or…
The Airport Cases: What Happened, and What’s Next?
Obviously, the story of the morning on Monday is going to be the rather tumultuous weekend that resulted from the Executive Order on immigration signed by President Trump late…
The Muslim Ban, Judicial Review, and the Supreme Court
There’s so much to say about the Executive Order on immigration issued on Friday by President Trump. Much of it has been said by Ben Wittes, in his fantastic post on “Malevolence…
We’ll See You in Court: Why Trump’s Executive Order on Refugees Violates the Establishment Clause
According to the Supreme Court, “the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.” Larson v.…