Litigation
Highlights:
No, the President Cannot Enforce the Law-Firm Deals
"First, are these agreements legally enforceable? Second, if not, what principled reasons do the firms have for keeping their part of these bargains?"
Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
The Dirty Deal with El Salvador
What’s known about the agreement between the United States and El Salvador when it comes to CECOT prison, and why sworn testimony may be needed to fill in the gaps.
Justice Department Fails to Address Central Point in VOA Case
A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.
Unpacking the Voice of America Litigation
Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.
The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…
117 Articles
Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security
A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.
The Racial Twist in Trump’s Cutoff of Refugee Admissions
A case that prompted a court injunction helps show executive orders on refugee resettlement and on South Africa are egregious and unlawful.
The Just Security Podcast: What Just Happened Series, Understanding Federal Employee Rights
Labor and employment expert Suzanne Summerlin discusses the protections available to federal employees if their rights are violated.
President Trump Is Ignoring the Impoundment Control Act, Welcoming a Fight in the Courts
The Impoundment Control Act makes clear that the president does not have the authority to unilaterally impound billions in federal funds.
Connecting the Dots: Trump’s Tightening Grip on Press Freedom
The president and his allies are leading an effort to eviscerate the free press and construct an information ecosystem favorable to his views.
The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases
Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction
The Just Security Podcast: The Supreme Court’s Decision on TikTok
Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang discuss how the Supreme Court balanced free speech rights and national security concerns in the TikTok case.
Spyware Company NSO Group Faces Setbacks in Attempts to Avoid US Lawsuits
In a case brought by WhatsApp, a US court ruled that the NSO Group was liable for hacking and breach of contract.
The Just Security Podcast: Special Counsel Jack Smith’s Final Report in the 2020 Election Interference Case
Joining the show to discuss Jack Smith's final report in the 20220 election interference case are Tom Joscelyn and Marty Lederman.
Suing the Taliban at the ICJ Over Abuses of Afghan Women Isn’t a Panacea. Countries Must Do More Now.
Beyond suing the Taliban and awaiting a potential ICJ case, the international community should meaningfully act on women's rights now.
Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.