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.
2,973 Articles
A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext
By enacting IEEPA, did Congress authorize the president to impose tariffs? If so does, is that delegation of authority lawful?
The Supreme Court: the Last Defense Against Trump’s Military Police State
The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.
The ICJ’s Advisory Opinion on Israel’s Obligations Towards UNRWA and Other International Organizations in the Occupied Territories: Key Issues
Unpacking the International Court of Justice's advisory opinion on Israel's obligations towards the UN and others to provide humanitarian aid in the West Bank and Gaza.
Will Victims of Cyber Attacks Soon Get Their Day in Court? Options for Accountability for Cyber Attacks
More cyber litigation will appear on the docket as pathways to legal accountability for unlawful State-sponsored cyber operations strengthen.
When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.
Attacks on U.S. Legal Profession Reflect Global Slide in Countries It Once Aided
Political pressures like those used to silence legal professionals and undermine rule of law in Europe and Eurasia echo patterns of the autocratic playbook.
The Rome Statute in the Digital Age: Confronting Emerging Cyber Threats
For the Rome Statute to remain relevant, practitioners must understand how governments can deploy spyware to commit international crimes.
Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.
Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.
Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?
The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.
Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.
In Immigration Decision K-E-S-G-, a Break with Precedent Turns Back the Clock on Women’s Rights
A recent Board of Immigration Appeals ruling could seriously undermine protection for women fleeing fundamental human rights violations.