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.
2,859 Articles
Three Problems With Judge Brown’s Opinion in Tuaua
On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…
D.C. Circuit Rejects Birthright Citizenship for American Samoans
This morning, the D.C. Circuit decided Tuaua v. United States, a case I previewed here back in February that raises the question of whether American Samoans are entitled to…
Text of the Senate Bill for Closing Guantánamo Plus White House’s Veto Recommendation
This week, the full Senate is considering the proposed Fiscal Year 2016 Defense Authorization bill, the text of which was very recently made public. While the bill covers billions…
The apparent end of the “gag orders” for GTMO detainees
Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…
Rand Paul and Surveillance Reform, Part II
My post from yesterday about how Rand Paul hijacked the surveillance reform debate provoked a series of interesting responses both via e-mail and on Twitter, including a note from…
Mootness and the 215 Challenges
As a nerdy follow-up to the stories about last night’s expiration of section 215, I thought I’d say a quick word about how that denouement will affect the ongoing litigation…
How Rand Paul Hijacked Surveillance Reform
Image credit: Wikimedia Commons This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories…
al Warafi’s active hostilities
As Marty Lederman’s earlier post explains, a D.C. district court is now considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, found in an earlier…
Understanding the “end of war” dispute in the al Warafi habeas case
Attorneys for Mukhtar Yahia Naji al Warafi have filed their reply brief in the habeas action challenging al Warafi’s continued military detention at Guantánamo. As I have previously explained,…
Polish Outrage to Paying Victims of CIA Black Sites—and What the Eur Court Said
Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of…
ACLU v. Clapper Will End the Telephone Dragnet
Last week’s dramatic Second Circuit decision in ACLU v. Clapper, invalidated the alleged legal basis for the NSA domestic phone call dragnet, Section 215 of the USA Patriot Act,…
Lessons From the North: Omar Khadr’s Release on Bail in Canada
UPDATE: The Supreme Court of Canada unanimously ruled on May 14 that the U.S. military commission that convicted Omar Khadr sentenced him as a juvenile and not, as the Canadian…