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.
2,973 Articles
ACLU Sues CIA for Release of Torture Reports
Yesterday, the ACLU filed a FOIA lawsuit to compel the CIA to disclose two reports on the CIA’s post-9/11 detention and interrogation programs. The full complaint can…
Center for National Security Studies’ Latest Filing for Amici Curiae in Section 215 Proceedings
On Friday, the Center for National Security Studies (CNSS) filed its latest pleading in its efforts to have the FISC enable third-party persons or organizations to submit amici…
Constitutional Advocates in Comparative Perspective
A number of proposed amendments aimed at reforming the FISA Court envisage a Constitutional Advocate or similar role. Marty Lederman and Steve Vladeck posted earlier here on…
The FISC’s Problematic Pen/Trap Opinion on Bulk Internet Metadata Collection
The latest round of Foreign Intelligence Surveillance Court opinions released under the Freedom of Information Act includes what, for many surveillance wonks, has been the white…
Dahlia Lithwick and Me on Why Metadata Matters
I suspect we’ll have a lot more to say about today’s oral argument in New York in the ACLU’s challenge to the government’s “telephony metadata”…
New FISC Pen Register Opinion: It’s Just a Matter of Time Before Somebody Gets Hurt
Once again, the NSA has conducted illegal spying. New documents reveal the National Security Agency’s (NSA) systemic violation of Foreign Intelligence Surveillance Court (FISC)…
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
Equating Terrorism and Bubonic Plague: Bad for Counterterrorism, Bad for the Constitution
If I were Al Qaeda’s director of propaganda and managed to infiltrate an agent into the American judiciary, I’d want him to exaggerate the terrorist threat and then leverage…
Senate Reform Proposals on Sexual Assault in the Military
The scourge of sexual assault continues to plague military policy. This week, the Senate is considering competing reform proposals that could have dramatic consequences for sexual…
ICRC’s Public Reply Regarding Order to Turn Over Confidential Reports to Military Commission
As readers may recall, on November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo…
Early Thoughts on the New NSA Disclosures
There’s going to be a lot to say in the coming days and weeks about the more-than-six dozen surveillance-related documents declassified and disclosed yesterday by the ODNI.…
Additional documents on telephony records collection (and much more) declassified
The government today made public more documents related to the “telephony records program,” as well as other surveillance-related documents, all of which can be accessed…