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.
2,853 Articles
Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.
The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds
The Impoundment Control Act may prohibit agencies from freezing or terminating funding based on changing policy priorities.
How the Pentagon Personnel Firings Threaten Our Apolitical Military
This unprecedented purge of the nation’s top brass suggests that Trump may attempt to fill these roles with officers he perceives as loyal.
Why the Rule of Law Depends on an Evidentiary Hearing in Mayor Eric Adams’ Case
An argument as to why Judge Ho must hold an evidentiary hearing in the Eric Adams case.
What Just Happened: Musk-OPM Send Email to Federal Employees Asking for Five Accomplishments
The OPM's recent email and online threat by Elon Musk demonstrate that resignations and layoffs will continue — whether lawful or not.
U.S. Military Action in Mexico: Almost Certainly Illegal, Definitely Counterproductive
U.S. military action in Mexico would not only be illegal, it would sabotage Trump’s stated immigration policy priorities and could lead to retaliation against Americans.
The Fundamental Flaws in the Barnett/Wurman Defense of Trump’s Birthright Citizenship Executive Order
"In their apparent effort to give credence to the Trump Executive Order, Professors Barnett and Wurman indefensibly ignore these core, constitutive principles."
Trump’s Doubly Flawed “Invasion” Theory
The president is wrong about what an invasion is—and what powers it triggers.
The Attempt to Purge Trans Members from the Armed Forces
The effort to purge all trans people from the military is not merely a repeat of the struggle that played out during the first Trump administration; it is an attack of a different…
More Territory, More Problems: Can Trump Seize Greenland?
An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.
The Just Security Podcast: What Just Happened Series, Understanding Federal Employee Rights
Labor and employment expert Suzanne Summerlin discusses the protections available to federal employees if their rights are violated.
The People of New York v. Mayor Adams: Will Manhattan DA Bragg Come to the Rescue Yet Again?
District Attorney Alvin Brag could potentially fill the void in accountability by bringing charges against New York City Mayor Eric Adams.