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

Questions for Judge Gorsuch
On Monday, the Senate hearing on Judge Neil Gorsuch’s nomination to the Supreme Court will begin. As Senators prepare for the hearing, it is important they pay careful attention…

…and the Ninth Circuit Weighs Back in on the Original Travel Ban…
Busy night. The Ninth Circuit has released an order denying en banc rehearing of the three-judge panel decision in Washington v. Trump from last month (which, readers may recall,…

Hawai’i District Court Grants TRO of the “New” Immigration Executive Order
The 43-page ruling is here. In a nutshell, the court held that, at least at the temporary restraining order stage, a balance of the relevant factors weighed in favor of the plaintiffs…
The Washington State Lawsuit on the Travel Ban—Do the Plaintiffs Have Standing?
The issuance of President Trump’s new (somewhat) revised executive order, temporarily suspending entry into the United States by nationals of six predominantly Muslim…

Just Security’s Coverage of Immigration and Refugee Executive Order
I. Latest Coverage 1. Explainers and Information on Revised Executive Order of March 6, 2017 Just Security, EXCLUSIVE: Trump Administration Fact Sheets on New Executive Order…

Visas and Politics in the Age of Trump
It is no surprise that criticism of President Donald Trump’s second executive order on visas and refugee resettlement was so harsh. Because of the incompetent drafting and rollout…

Encryption Backdoors, Vault 7, and the Jurassic Park Rule of Internet Security
Surely without a hint of irony, just a day after WikiLeaks dumped a vault-load of documents detailing the Central Intelligence Agency’s use of hacking tools and software exploits,…

The “Travel Ban” Executive Order as Separation-of-Powers Test Case
The White House’s March 6 executive order “Protecting the Nation From Foreign Terrorist Entry Into The United States” (the March EO or the new EO) is a telling blend…

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…