Recent Articles

Kennedy’s Replacement: Presidential Self-Interest and the Functions of the Confirmation Process
With the ongoing Russia investigation, what actions can and should the Senate take in Supreme Court nomination process? Former White House Counsel discusses likely Supreme Court…

Contrary to Popular Belief, the Court Did Not Hold that the Travel Ban is Lawful—Anything But
"Don’t believe the hype. In fact, not a single Justice on the Court decided—or even suggested—that the Proclamation’s exclusion of entry of nationals from five Muslim-majority…

The Early Edition: July 2, 2018
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad.…

Global Responses to President Trump’s Family Separation via “Zero-Tolerance” Detention Policy
Children in cages. Children under five crying alone. Anguished parents. As these images have assaulted Americans’ sensibilities in recent weeks, they have also brought international…

Recap of Recent Pieces on Just Security (June 25-29)
Family Detention, Family Separation, Zero Tolerance Deborah Pearlstein, Child Separation in the Courts Travel Ban John Reed, Just Security Podcast: Harold Koh and Cristina Rodríguez…

Just Security Podcast: Harold Koh and Cristina Rodríguez on the Travel Ban
As most of us know, the Supreme Court this week upheld the Trump administration’s travel ban that bars citizens from seven countries, of which, five have a Muslim majority…

Child Separation in the Courts
The legal battle over family separations at the border is far from over.

The Early Edition: June 29, 2018
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad.…

Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…

Trump v. Hawaii: Korematsu’s Ghost and National Security Masquerades
The travel ban represents only the most prominent Trump administration policy that, in Justice Sonia Sotomayor’s words, “now masquerades behind a façade of national-security…

China and the Rule of Law: A Cautionary Tale for the International Community
The Communist Party of China has been leading an extraordinary effort to transform the country into a fazhi (法制) nation or “a country under the rule of law.” The phrase…

Win the Battle, Lose the War: How the U.S. Can Sustain Counterterrorism Gains
After enduring years of terrorist brutality, citizens of places like Mosul, Mogadishu and Maiduguri can finally enjoy a semblance of normal life, after recent successes in countering…