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.
2,864 Articles
Fourth Circuit To Hear Abu Ghraib Political Question Doctrine Appeal
Tomorrow morning, an (as-yet-unannounced) panel of the US Court of Appeals for the Fourth Circuit will hear the (third!) appeal in Al Shimari v. CACI Premier Technology, Inc.,…
The Supreme Court’s Troubling Neglect of Courts-Martial
Later this year, the Supreme Court will decide whether to take up the case of Akbar v. United States — in which the Petitioner is seeking review of a capital court-martial…
Why Captain Smith’s suit to enforce the War Powers Resolution won’t be a big deal
Last week, Army Captain Nathan Michael Smith filed a federal court suit against President Obama, seeking a declaration that the War Powers Resolution requires the President to…
Are US Courts Going Dark?
Now that the cell phones in San Bernardino and Brooklyn have been unlocked (no thanks to Apple), FBI warnings about “going dark” in the face of advancing digital encryption…
A Small, If Uncertain, Step Towards Accountability: De Sousa and the Abu Omar Abduction
Portuguese courts continue to clear the path for the extradition of former CIA agent Sabrina De Sousa to Italy. In 2009, Italy convicted De Sousa and 22 other US officials (all…
One-and-a-Half Cheers for Salim v. Mitchell
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Congress’s Embarrassingly Empty (National Security) Record
This week, we learned the United States will send 250 special operations troops to the war in Syria, bringing the publicly known total number of American troops operating in the…
Revelations From the Newly Declassified FISC Opinion on Section 702
Last week, the Office of the Director of National Intelligence (ODNI) declassified several Foreign Intelligence Surveillance Court (FISC) opinions from 2015. One opinion from November…
Would JASTA Violate International Law?
Writing in The New York Times last Friday, Curt Bradley and Jack Goldsmith argued that the Justice Against State Sponsors of Terrorism Act (JASTA) would “violate a core principle…
The Proposed Military Commissions Fix Is Anything But
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider
On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
The 9/11 Civil Litigation and the Justice Against Sponsors of Terrorism Act (JASTA)
For lots of readers, I suspect Saturday’s front-page New York Times story by Mark Mazzetti was their first exposure to the ongoing efforts by 9/11 victims and their families…