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:
Immigration Habeas Tracker: Government Obstruction, Judicial Trust, and Accountability
A comprehensive study of immigration habeas litigation from the second Trump administration, assessing how courts responded to protect judicial authority and individual rights.
Sanitized and Unreviewable: Unpacking the Supreme Court’s Mullin v Doe on Ending Temporary Protected Status for 1.3m Noncitizens
Leading immigration expert unpacks the Supreme Court's ruling on temporary protected status for Haitian and Syrian residents in U.S.
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.
How Defending Free Speech Can Unite Unlikely Allies
The Trump administration's threats to First Amendment rights have inspired a broad front defending free speech, freedom of the press, protest rights and more.
Fencing with Fourth Amendment: Unpacking the Supreme Court’s Chatrie Decision
Chatrie stands as an important but narrow reaffirmation of the Supreme Court’s determination not to let technology overwhelm all privacy expectations in the digital age.
Abandoning Principles: Unpacking the Supreme Court’s Mullin v. Al Otro Lado Denying Asylum to Arriving Migrants
How the Roberts Court interpreted a simple statutory phrase to give the executive branch license to undercut asylum protections at the U.S. border.
2,944 Articles
Seeking Justice the Day After SCOTUS Killed the Alien Tort Statute
As surely as day follows night, survivors will continue their quest for justice and accountability. The Supreme Court’s decision marks the end of an era, but a new dawn awaits.
Supreme Court Closes the Door on the Alien Tort Statute
Unpacking the Supreme Court opinion in Cisco Systems, Inc. v. Doe.
Reflections from Today’s Judiciary on the Anniversary of the Declaration of Independence
Many actions taken by the current administration echo the grievances laid out in the Declaration of Independence against King George III.
In Blanche v. Lau, the Supreme Court Rewards the Solicitor General’s Bait-and-Switch at Green Card Holders’ Expense
Lawful permanent residents are left to wonder when it is safe to travel for business, family reasons, or pleasure without jeopardizing their status and day-to-day lives.
Why Interpol’s Member Nations Should Reject Its New Privileges and Immunities Agreement
The accord would make it easier for autocrats to abuse Interpol’s famous Red Notices and other mechanisms to persecute those seeking refuge abroad from repression at home.
Looking Back at Humphrey’s Executor
On the forgotten history of the Supreme Court's Humphrey’s Executor v. United States, a cornerstone of the administrative state.
Blanche Is Targeting the D.C. Bar to Remove Ethical Guardrails for the Justice Department
Legal ethics expert warns Acting AG Todd Blanche's lawsuit against the DC Bar is part of a broader campaign to free DOJ lawyers from the ethical rules governing their peers.
The Last Check: Magistrate Judges and Federal Seizures of Election Records
A magistrate judge's review of a search-warrant application may be the last meaningful safeguard against federal interference in an election.
The Collateral Damage of Anti-Trans Policymaking
From healthcare bans to funding cuts, the consequences of hate-driven policymaking opposing transgender rights ripple broadly across communities.
The Cynicism Behind the Administration’s Proposed Forced Labor Tariffs
The labor issues the U.S. Trade Representative claims to investigate are real problems. They should not become pretexts for tariffs the administration already wants.
The Continuing Saga of Chief Judge Boasberg’s Contempt of Court Inquiry Involving Todd Blanche and Emil Bove
Options for the DC Circuit en banc in these contempt of court proceedings.
Going Dark: Why Dismantling America’s Ocean Sensors Is a Security Risk
Shutting off ocean observation will reduce the United States' ability to see and respond to developments in fast-changing seas.