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.
2,869 Articles
The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture
US and international law prohibit transferring or removing any person when there are substantial grounds for believing that the person would be at risk of certain serious human…
Trump Move to Eliminate VOA, RFE/RL Ignores Lessons of Global Power
The world needs Voice of America and Radio Free Europe/Radio Liberty (RFE/RL) broadcast and online outlets now more than ever.
Why the ICC Should Respect Immunities of Heads of Third States
International courts must respect international law, also in dire times. The International Criminal Court’s denial of immunity to heads of third States does not.
Journalists Who Took Risks for US-Funded Broadcasters Threatened Anew by Trump Shutdown
The political and human risks of shutting down Radio Free Europe/Radio Liberty, Voice of America and their fellow US-funded media outlets.
U.S. AI-Driven “Catch and Revoke” Initiative Threatens First Amendment Rights
The State Department's AI-enabled "Catch and Revoke" initiative will dissuade individuals from exercising First Amendment-protected activities.
The US Government’s Self-Harm in Killing Radio Free Europe/Radio Liberty
RFE/RL's decades-long record of success demands something other than summary termination based on unsupported accusations.
Is the Trump Administration Deliberately Violating a Federal Court Order?
Addressing the Trump administration's theories for why it did not violate a court order by deporting Venezuelan immigrants to El Salvador.
Duterte at the ICC: A Significant Step Toward Justice in the Philippines
Last week, what had long seemed impossible to victims seeking justice for the killings from the Philippine “war on drugs” finally happened: the ICC's arrest of former President…
5 Big Questions in the Alien Enemies Act Litigation
Major legal issues following Chief Judge Boasberg's ordering a temporary block to the presidential proclamation.
Timeline of US Flight to El Salvador and Judge’s Order to Turn Around Planes
Timeline of the Trump administration sending hundreds of Venezuelans to El Salvador compared to the timing of the federal court proceedings.
What to Read on the Alien Enemies Act
A list of Just Security's expert analysis on the Trump administration's reported plans to invoke the Alien Enemies Act.