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.
2,869 Articles
The Latest No Fly List Ruling: A Very Big Deal!
As Steve has already noted, the District Court of Oregon yesterday, in Latif v. Holder, issued a “Very Big Deal” opinion ruling that the No Fly List redress procedures violated…
Oregon District Court Holds No-Fly List Procedures Violate Due Process
Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
Reflections on What the Drone Memo Does and Doesn’t Say
There is already a lot of commentary on the OLC drone memo, and likely more to come. Here, I just want to highlight three key issues that should be part of the mix: #1: Issues…
The Constitutional Question the Drone Memo Didn’t—and Couldn’t—Answer
Yesterday’s release of the Office of Legal Counsel’s “drone memo” (which, at some point, we should stop referring to in the singular) has provoked an understandable…
Status of CIA Detention and Interrogation Program Declassification (updated)
A few weeks ago I posted about three contexts in which the government is engaged in declassification efforts concerning the CIA’s former detention and interrogation program. …
The Trial of Ex-Blackwater: An Overview of the Competing Stories
Opening statements in the trial of the four Blackwater members alleged to have carried out the killings in Nisour Square, Baghdad, Iraq ended in Washington D.C. this week. On Tuesday…
Lane v. Franks and the First Amendment Rights of National Security Leakers
At various points in the past, I’ve suggested that, read broadly, the Supreme Court’s 2006 decision in Garcetti v. Ceballos could sound the death knell for First…
Meshal: The Last, Best Hope for National Security Bivens Claims?
Last Friday, Judge Sullivan (D.D.C.) dismissed Meshal v. Higgenbotham, a long-outstanding Bivens suit brought by a U.S. citizen who alleged that, while travelling in the Horn…
U.S. Captures Suspected Benghazi “Ringleader” Ahmed abu Khattalah
The breaking news this morning is that the U.S. Special Ops forces have captured Ahmed Abu Khattala, a suspected ringleader of the 2012 attack in Benghazi, Libya. Government…
A Second Chance for the Obama Administration on “Battlefield” Contractor Liability
One of the stranger briefs filed by the Office of the Solicitor General during the Obama Administration was the brief filed in response to the Supreme Court’s request (“CVSG”)…
The Foreign Intelligence Surveillance Court: Is Reform Needed?
With the advent of the Edward Snowden leaks commencing in June 2013, much has been written about Snowden and the United States intelligence community. This short blog post examines…
Covington White Paper on the Constitutionality of a FISA “Public Advocate”
As readers may recall from prior posts both here and at Lawfare, I’ve been a staunch supporter from the very beginning of the call for more adversarial process before the…