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:
Guantanamo Dispatch: Military Judge Orders Last Minute Sanity Board in USS Cole Bombing Case
A new mental health exam for the defendant, Abd al-Rahim al-Nashiri, could signal delay in the USS Cole bombing case before jury selection begins at Guantanamo Bay.
Guantanamo Dispatch: The USS Cole Case Edges Toward Trial
Carol Rosenberg reports from Guantanamo Bay on the upcoming pre-trial hearing in the USS Cole bombing case.
“They Will Kill Me”: Haitian Deportees from U.S. Face Fear, Uncertainty
Haitians deported from the United States face the threat of widespread gang violence, poverty, and instability.
Twenty-Five Years After 9/11 – and Still Waiting for Justice
Because of the United States' use of torture on the September 11 suspects, justice for the 9/11 plotters remains elusive 25 years later.
Supporting Syria’s Domestic Accountability Process
Despite their flaws, Syrian institutions have the potential to become vehicles of accountability with sustained international engagement.
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.
2,988 Articles
State Attorneys General Can Enforce Federal Laws the Executive Branch Won’t
To combat executive non-enforcement, state attorneys general are using antitrust law to hold corporations accountable.
The Latest from the Alien Terrorist Removal Court
Expert analysis of how the first-ever case put before the long-dormant Alien Terrorist Removal Court came to a close.
What’s Conspicuously Missing from the Government’s Supreme Court Reply Brief in the Mail Ballots Case
The most noteworthy development of the past couple of days is what Solicitor General Sauer does not say.
A Crucial Moment for Persons with Disabilities: The Right to Community Inclusion vs. Institutionalization
The Inter-American Court on Human Rights (IACtHR) will hear arguments in a potentially transformative disability rights case for Guatemala, the Americas, and the world.
The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case
Marty Lederman outlines the easiest and most straightforward way for SCOTUS to decide the USPS mail-in ballot case
What OLC’s Latest Opinion Means for Congressional Oversight of the Private Sector
Unpacking the Office of Legal Counsel opinion concluding that executive privilege may apply to presidential communications with private advisers.
Cities as Nodes of Resistance
Over 175 years later, cities’ historic role as hubs of resistance takes on renewed resonance in today’s era of rising authoritarianism in the United States.
The Case for a German Structural Investigation into Crimes against Humanity in Iran
Experts argue that Germany should open a structural investigation into Iran's December 2025 and January 2026 crackdown on protesters.
What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.
A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability
Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.