courts
742 Articles

Is the Trump Administration Deliberately Violating a Federal Court Order?
Addressing the Trump administration's theories for why it did not violate a court order by deporting Venezuelan immigrants to El Salvador.

The Illegality and Human Rights Violations in El Salvador’s Bizarre Offer to House US Prisoners
There is no modern precedent for sending U.S. citizens who are convicted of crimes to other countries for punishment. Doing so is a crime.

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.

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case
I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.

Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.

The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds
The Impoundment Control Act may prohibit agencies from freezing or terminating funding based on changing policy priorities.

Trump’s Doubly Flawed “Invasion” Theory
The president is wrong about what an invasion is—and what powers it triggers.

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.

The People of New York v. Mayor Adams: Will Manhattan DA Bragg Come to the Rescue Yet Again?
District Attorney Alvin Brag could potentially fill the void in accountability by bringing charges against New York City Mayor Eric Adams.

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.

The Just Security Podcast: Repression of Lawyers in Belarus and Around the World
Nils Muiznieks, Maksim Polovinko, and Margaret Satterthwaite join the show to discuss the repression lawyers face in Belarus.