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 (5th edition)
The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
Guantanamo Dispatches: USS Cole Defense Lawyers Make 11th Hour Plea for Delay of Trial Starting Monday
With jury selection set to begin in just a few days, the senior military defense lawyer in the USS Cole bombing case asked the judge to postpone the trial by six months.
Guantanamo Dispatches: Army Doctor Diagnosed USS Cole Bombing Defendant with PTSD and Depression, Found Him Fit for Trial
A U.S. military psychiatrist found the USS Cole bombing suspect to be suffering from PTSD but cogent enough to face trial at Guantanamo Bay.
Guantanamo Dispatches: Pentagon Reducing Rank of Top Military Commission Lawyers
An order from Secretary Hegseth will lower the ranks of the top two Guantanamo military commission lawyers starting in January.
Liability Could Rein In Rogue AI Agents. Current Law Falls Short.
The three changes that would make AI companies answer for the conduct of their systems and catastrophic risks.
The Just Security Podcast: Carol Rosenberg on the Past and Future of Guantanamo’s Military Courts
Veteran journalist Carol Rosenberg discusses her reporting on the upcoming trials of the USS Cole bombing and 9/11 suspects at Guantanamo.
3,032 Articles
2026 Midterms: Election Integrity Litigation Tracker
A tracker of major litigation concerning the integrity of the 2026 midterm elections.
Collection: Just Security 2026 Midterm Election Analysis and Commentary
This collection brings together analysis of the legal and policy issues surrounding the 2026 U.S. midterm elections published on Just Security.
Guantanamo Dispatches: Trial Judge Finds Defendant in USS Cole Bombing Case Competent to Face Trial
The ruling clears the way for jury selection to start Nov. 2 in the first capital case by the military commission at Guantanamo Bay.
Why is the Government Hiding Court Rebuke on Warrantless FISA Surveillance?
Government agencies have been misusing FISA 702 and the Trump administration is now breaking the law to hide this misconduct from the public.
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.
Boots Off Ballots: Impact on Civil-Military Relations
A deployment around an election that is perceived to be politically motivated would irreparably harm the military's standing with the public.
How Civil Society Can Help Unlock More Universal and Extraterritorial Jurisdiction Cases
By providing national authorities with detailed evidence, civil society can empower national authorities to investigate atrocity crimes.
United States Seabed Mineral Activities: Understanding the Legal Landscape
Seabed mining is in the news. Distinctions on who, what, where, when, and why this U.S. mining might occur to guide legal governance.
Guantanamo Dispatches: Ahead of Jury Selection, Defense Psychiatrist Calls USS Cole Defendant Unfit for Trial
A forensic psychiatrist testified this week that the USS Cole bombing suspect is unfit for trial as a result of his torture by the CIA.
Finland’s Prosecution of Russian Mercenary: The Rusich Appellate Ruling and War Crimes Accountability
The ruling upholding the conviction of a Russian mercenary leader opens new avenues for the prosecution of Russian irregular forces.
Guantanamo Dispatches: Military Psychiatrist Finds Cole Bombing Case Defendant Competent; Federal Judge Refuses to Intervene
The latest from Carol Rosenberg. Court-ordered psychiatrist finds USS Cole defendant competent to be tried by Guantanamo military commission.
Can the Law Stop AI Hackers?
Hacking law assumes a human intended the break-in. AI agents are testing that assumption, and Congress may need to act.