The “Courtroom Drama” Edition

This week, Quinta and Scott were joined by Lawfare Executive Editor Natalie Orpett to discuss the week’s big national security and courtroom news, including:

• “Ergo Omnes.” South Africa has brought Israel to the International Court of Justice for actions relating to its military campaign in Gaza, based on a novel legal theory that alleges Israeli violations of the Genocide Convention and asserts standing by virtue of the universal obligation to prevent genocide. What practical impact is this litigation likely to have? And what does it mean as a precedent for the international community?
• “Cert(ain Doom) Petition.” The Supreme Court has officially taken up former President Trump’s appeal of a Colorado Supreme Court decision disqualifying him from the 2024 ballot there on the grounds that he is ineligible to hold office. While some have welcomed the chance to nationalize Colorado’s holding, others have warned that doing so would be a grave blow to popular democracy. How might the matter play out? And what will it mean for the 2024 election and after?
• “Void Austin.” Secretary of Defense Lloyd Austin spent several days in the hospital earlier this month—without notifying the White House, leaving what some believe was a gaping hole at the highest level of the U.S. military chain of command. How big a problem was this? What steps should be taken in response?

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