Recent Articles

The Muslim Ban, Judicial Review, and the Supreme Court
There’s so much to say about the Executive Order on immigration issued on Friday by President Trump. Much of it has been said by Ben Wittes, in his fantastic post on “Malevolence…

We’ll See You in Court: Why Trump’s Executive Order on Refugees Violates the Establishment Clause
According to the Supreme Court, “the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.” Larson v.…

Comparing: The Leaked Draft vs Final Executive Order Barring Citizens of 7 Muslim-Majority Nations and All Refugees
On Friday, President Donald J. Trump signed an executive order implementing new immigration policies, which he stated are designed to “keep radical Islamic terrorists out…

#RemoveBannon 2.0
On Thursday, Trump adviser, Steve Bannon, did an interview with the New York Times describing the media as “the opposition party” and saying it should “keep its mouth shut.”…

Reflections on the prejudice in the draft Exec Order’s vetting of “prejudice”
On ABC News Wednesday night, President Donald Trump once again said that people coming into the United States would be subjected to “extreme vetting.” I think his expected…

Trump’s “Safe Areas” in Syria — An Explainer on International Law
In an interview on Wednesday with ABC, President Donald Trump said he would “absolutely do safe zones in Syria.” The leaked draft of the Executive Order “Protecting the…

Norms Watch: Tracking the Erosion of Democratic Traditions (Jan. 20-27)
Don’t miss out. Starting today, we’re offering Norms Watch as a weekly email from Just Security. Subscribe here. THE MEDIA This week, the Trump team continued to…

Trump’s Immigration Policy Risks Violating International Law—alienates US allies
The Trump Administration may be in for a rude awakening. Even if its proposed immigration policies survive the coming constitutional challenges, the administration will have to…

A Proposed Fix To the Microsoft Ireland Case
On Tuesday, I posted the Second Circuit’s denial of the petition for rehearing en banc in the Microsoft case and promised to write more. I have now done so (via Slate); the piece…

UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture
Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…
The Early Edition: January 27, 2017
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. PRESIDENT TRUMP’S TORTURE…

What Does it Mean to Designate the Muslim Brotherhood a Foreign Terrorist Organization?
According to reports, President Donald Trump may shortly issue an Executive Order directing the State Department to examine whether it should designate the Muslim Brotherhood as…