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 Scope of Executive Privilege: Unpacking the D.C. Circuit’s Latest Decision
The D.C. Circuit upheld Navarro's contempt of Congress convictions, holding that executive privilege must be claimed by the president or an official authorized by the president.
Deference Should Follow Expertise, Not Pretext
Anthropic v. Department of War reveals why courts must distinguish genuine national security judgments from pretextual ones and how to do it.
Challenging Toxic Air Exemptions – and a Pattern of Executive Overreach on Regulatory Rollbacks
Together, the Trump administration’s vision of the Clean Air Act’s exemption authority and shutting courts out from review is one of completely unchecked presidential power.
The Just Security Podcast: Uncharted Territory: The Alien Terrorist Removal Court Hears Its First Case
Dani Schulkin is joined by Steve Vladeck and Jess Dawgert to discuss the first-ever case before the Alien Terrorist Removal Court.
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.
Free Speech, Immigration Law, and Truth Telling at UCLA Law’s Recent Federalist Society Event
An immigration expert considers questions that might have been asked at DHS General Counsel Percival's UCLA Law Federalist Society event.
2,967 Articles
How the Alien Terrorist Removal Court Could Be Good for the U.S. Immigration System
DOJ's first-ever use of the Alien Terrorist Removal Court raises due process concerns, but could offer more legitimacy than current immigration proceedings.
The Supreme Court’s Striking Regression on Partisan Gerrymandering
Lost amidst the discussion of the Supreme Court's Callais decision is its treatment of partisan gerrymandering as a legitimate objective.
Counting the Votes in the Supreme Court’s Birthright Citizenship Decision
A close analysis of the Supreme Court Justices' opinions in Trump v. Barbara.
Haiti’s New Courts Could Change Everything — Or Nothing At All
With international support, the Haitian government is creating two courts designed to prosecute complex crimes like the 2018 massacre at La Saline. Vetting will be crucial.
If Federal Courts Don’t Trust Trump’s DOJ, Should Civil Rights Funders?
After suspending donations to SPLC, major charitable giving platforms must question whether it is prudent to defer to a DOJ that courts no longer trust.
AI and Warrantless Foreign Intelligence Surveillance
The use of LLMs for foreign intelligence surveillance erodes the rules put in place to safeguard Americans' civil liberties.
Trust, But Verify: Three Grand Jury Reforms to Hold the Government Accountable
Steps should be taken to strengthen grand juries by giving courts and defense counsel more tools to act as a much-needed check on prosecutors.
“Zero Evidence”: How Judges and Grand Juries Have Rejected Trump Administration Efforts to Investigate and Prosecute
A detailed record of federal courts and grand juries rejecting the Trump administration’s use of subpoenas, search warrants, and indictments.
The Alien Terrorist Removal Court’s First Case
Unpacking the Alien Terrorist Removal Court, what we know about its first case, and what to watch for going forward.
Key Trump Deportation Strategies: Removing, Replacing, and Pressuring Immigration Judges
New data shows how mass firings, loyalist replacements, and pressure tactics are turning U.S. immigration courts into a deportation enforcement arm.
How to Choose Which Military Members to Hold Accountable for Illegal Boat Strikes
A retired judge advocate explains how a future administration could decide who to prosecute for the illegal strikes on alleged drug-trafficking boats.
Justice Gorsuch’s Slaughter Opinion is a Direct Threat to Congress
In light of recent Supreme Court rulings, Congress should act now to assert the full extent of its authority over the federal bureaucracy.