Litigation
797 Articles

Ideology Matters: An Analysis of Sentencing in Terrorism and Extremism Cases
Ideology affects U.S. terrorism prosecutions: ISIS-linked defendants tend to get longer sentences than those tied to other extremist groups or ideologies.

SCOTUS Rules for Gun Manufacturers in Mexico Suit But Denies Blanket Immunity
While Mexico’s claims were set aside, the Court laid out new pathways to accountability, providing a clearer roadmap of which legal strategies are likelier to succeed.

Relocating Nationwide Injunctions
Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.

What Just Happened: The Tariff Litigation Advances
A recent U.S. Court of International Trade ruling may distract more than it changes the course of U.S. President Trump's trade policy.

Too Big to Be Lawful: A Federal Court Halts Mass Layoffs Across the Civil Service
A recent court decision has made clear that reorganizing the federal government can't proceed through backdoor executive planning.

The Absence of “State Secrets” in US-El Salvador Agreement: On Removal and Imprisonment of Non-US Citizens
A "case cruncher" on the legal doctrine governing the state secrets privilege, and a Table containing senior government officials' public acknowledgments.

A Terrible Idea
On the reconciliation bill’s provision that would restrict federal courts’ authority to hold government officials in contempt for violating court orders

When the Executive Defies the Judiciary: How Federal Courts Can Enforce Their Orders Without the Marshals
Federal courts possess a number of tools to ensure the U.S. government is held responsible for failing to enforce or execute court orders.

A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.

The Just Security Podcast: Keeping Track of the Big Picture–Challenges to Press Freedom and Beyond
A discussion with Rebecca Hamilton about the use of State power and how to identify linkages between individual developments and broader trends in press freedom and beyond.

The Trump Administration’s Use of State Power: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.

The New “National Defense Area” at the Southern Border: What You Need to Know
NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.