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:
After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.
Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties
Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.
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.
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.
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.
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
2,813 Articles
La Suprema Corte estadounidense falla a favor de armerías ante la demanda de México, pero les niega inmunidad total
Mexico's claims were denied on jurisdiction, but the Supreme Court provided a roadmap to other scenarios in which such claims might advance.
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.
Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."
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.
The Legal Defects in the Trump Administration’s Attempts to Deregulate Without Notice and Comment
The Trump administration's efforts to circumvent the APA's notice-and-comment requirements risk setting a damaging precedent.
The Sarkozy-Gaddafi Trial Exposes Corruption’s Devastating Effect on Libyans
Alongside its democratic commitments, France should also reckon with the human rights consequences of its Libya foreign policy and interference in the post-Sarkozy era.
Just Security’s Artificial Intelligence Archive
Just Security's collection of articles analyzing the implications of AI for society, democracy, human rights, and warfare.
Just Security’s Climate Archive
A catalog of articles analyzing the diplomatic, political, legal, security, and humanitarian consequences of the international climate crisis.
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 Just Security Podcast: Dismissal of Voting Rights Lawsuits
Chiraag Bains, in conversation with Dani Schulkin, discusses the impact on voting rights enforcement and the crucial role now played by voters & advocacy groups.