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
About that Executive Privilege “Policy”: Congress Should Call the Bluff
During last week’s hearing of the Senate intelligence committee, Attorney General Jeff Sessions generated withering criticism by repeatedly refusing to answer Senators’ questions…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 9-June 16)
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…
How the President’s “Clarifying” Memorandum Destroys the Case for the Entry Ban
[Cross-posted on the Take Care blog.] The government’s argument for suspending all entry into the United States of non-citizens from seven (now six) Muslim-majority countries…
The President Resuscitates the Entry Ban: Where Should the Court Go From Here?
Section 2(c) of Executive Order 13780, suspending entry into the United States of all nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, died of natural causes at 12:01…
Freedom of Expression and the Digital Access Industry: Five Key Takeaways
The Internet, a historically unparalleled source of information and expression, has also become a playground for censorship, punishment and propaganda. Not a day goes by where…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 2-June 9)
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…
Neither Facially Legitimate Nor Bona Fide–Why the Very Text of the Travel Ban Shows It’s Unconstitutional
As the litigation over the travel ban moves to the Supreme Court, the most important passage in the Fourth Circuit’s en banc opinion may be a tangential footnote finding “yet…
Mueller’s Investigation of Obstruction of Justice: The Next Steps
James Comey’s written and oral testimony before the Senate Intelligence Committee raises many legal, ethical, and political questions that will have to be pondered in the coming…
The Silly “Comey-the-Criminal” Meme–a.k.a. Why Claims that Comey’s a “Leaker” Ring Hollow
The strangest claim to emerge from yesterday’s Senate intelligence committee hearing is the one first suggested by President Trump’s personal lawyer, Marc Kasowitz,…
The Biggest Bombshell Line from Comey on Obstruction of Justice
Beginning on May 10, we have written about whether President Donald Trump engaged in an obstruction of justice in pressuring and firing James Comey. I published a deep dive on…
We Have Good Reasons to Be Concerned About the Impact of Section 702 on the Criminal Justice System
In a recent analysis for Just Security, I explored some concerns about how warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”)…
Did Trump Try to “Bribe” Comey?
As we head toward James Comey’s testimony before the Senate Intelligence Committee on Thursday, I thought it would be useful to remind readers about a recent Just Security essay…