Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
Highlights:
The “Presumption of Regularity” in Trump Administration Litigation
A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
The Just Security Podcast: Is there a Fox in the Henhouse? A Comparative Perspective of State Capture in the U.S.
Dani Schulkin is joined by Naomi Roht-Arriaza to discuss the warning signs of state capture and grand corruption, and what can be done to push back against it.
A SCOTUS Bench Memo for Trump v. Slaughter, the FTC Removal Case: Stare Decisis, Historical Practice, and Original Intent
Trump’s attempt to fire FTC Commissioner Rebecca Slaughter without cause forces the Court to revisit Humphrey’s Executor and the future of independent agencies.
Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.
Persecuting the Prosecutors: Israel’s Military Lawyers Under Pressure
The weakening of the Military Advocate General affects the IDF's ability to carry out its missions lawfully, and the broader protection of the rule of law in Israel.
2,863 Articles
There Should Be a New ICC Prosecutor Regardless of the UN Report Outcome
The ICC’s legitimacy is under scrutiny, and every internal shortcoming becomes evidence for those who argue that international justice is politicized or hypocritical.
Just Security’s Russia–Ukraine War Archive
A catalog of over 100 articles (many with Ukrainian translations) on the Russia Ukraine War -- law, diplomacy, policy options, and more.
Soldiers in Robes: Why Military Lawyers Can Not and Should Not Serve as Immigration Judges
DOJ’s recent decision to appoint several military lawyers, or JAGs, to serve as immigration judges is not only against the law, but a bad idea.
Impunity by Design: Latin America’s Quiet Crisis of Accountability
Across Latin America, political elites are quietly passing laws that narrow definitions, shield allies, and block legal pathways to investigate corruption and organized crime.
Just Security’s Climate Archive
A catalog of articles analyzing the diplomatic, political, legal, security, and humanitarian consequences of the international climate crisis.
Defending ‘Sanctuary’ Principles During the Chicago Crackdown
Local governments must exercise their constitutional power to cut off cooperation with federal authorities that undermine residents' rights.
Legal Progress Stalls for Northern Ireland Families
With pending court cases and legislative reforms, the coming months will show whether long-overdue justice will be served in Northern Ireland.
A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext
By enacting IEEPA, did Congress authorize the president to impose tariffs? If so does, is that delegation of authority lawful?
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
The Supreme Court: the Last Defense Against Trump’s Military Police State
The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.
The ICJ’s Advisory Opinion on Israel’s Obligations Towards UNRWA and Other International Organizations in the Occupied Territories: Key Issues
Unpacking the International Court of Justice's advisory opinion on Israel's obligations towards the UN and others to provide humanitarian aid in the West Bank and Gaza.
Will Victims of Cyber Attacks Soon Get Their Day in Court? Options for Accountability for Cyber Attacks
More cyber litigation will appear on the docket as pathways to legal accountability for unlawful State-sponsored cyber operations strengthen.