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.
2,932 Articles
The Constitutional Case for Impeaching Donald Trump (Again)
We are, it seems, hurtling toward impeaching Donald J. Trump for a second time in thirteen months. It is entirely right that he should be impeached again, but in the whirl of the…
The Incapacitation of a President and the Twenty-Fifth Amendment: A Reader’s Guide
An authoritative analysis of the Twenty-Fifth Amendment on the incapacitation of a president, and how it was intended to function.
Father-Son Separation at US Border Illustrates Lasting Harm That Demands Redress
The abuses they faced under the Trump administration's immigration policy echo those revealed in a new Human Rights Watch investigation.
Ugandan Human Rights Lawyer Fights Charges on Eve of Presidential Election
Following a now-predictable pattern in the leadup to the polls, authorities have hastened arrests of political opponents and critics of President Museveni.
ICC Associates Win Temporary Reprieve from Draconian US Sanctions
A judge granted a preliminary injunction in a case challenging the Trump administration’s sanctions against court personnel and others.
Judges Doing What Judges Do: A Unified Theory of the 2020 Election Season
Dozens of judges, from all political persuasions, uniformly rejected the extravagant claims of President Donald Trump to set aside the presidential election results, or to compel…
The Promises of FOIA in 2021: A Ready Pathway to Accountability
It's not just a matter of choice for Biden admin. Here's what the Freedom of Information Act — and pending litigation — requires the executive branch to disclose about Trump…
Why the State Dept Should Reject Saudi Crown Prince MBS’s Claimed “Immunity”
The State Department refused to recognize head-of-state immunity for another Crown Prince, the UAE’s Mohamed bin Zayed in 2010. The same adherence to international law should…
Purpose, Not Specificity, Limits the Pardon Power: A Rejoinder to Rappaport
'Tis the season for pardons. But must a pardon spell out the crimes to which it applies? The latest in an ongoing conversation between Prof's Bowman and Rappaport on the legality…
Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War
Editor’s note: Originally published on May 25, 2019; with an author’s note published on Dec. 24, 2020. Author’s note, Dec. 24, 2020: Not all corrupt pardons…
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Pardongate 2.0: Prosecutors and Congress Investigated Clinton’s Pardons. The Same Should Happen to Trump.
There's ample precedent (the investigations of Bill Clinton's pardons) and ample reason for Congress and the Department of Justice to launch investigations into President Trump's…