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
Upholding Justice Within: Strengthening Internal Accountability at the International Criminal Court
Steps the ICC must take to modernize compliance and embrace accountability, shifting from quiet management of misconduct to adopting robust frameworks for lasting legitimacy.
The Absence of “State Secrets” in US-El Salvador Agreement: On Removal and Imprisonment of Non-US Citizens
A "case cruncher" on the legal doctrine governing the state secrets privilege, and a Table containing senior government officials' public acknowledgments.
What Just Happened: The Trump Administration’s Dismissal of Voting Rights Lawsuits
Retreat from voting rights enforcement and efforts to tighten access to the ballot mark a rupture with the Civil Rights Division’s traditional role.
Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.
How Trump’s Law Firm Settlements Circumvent Congress and Violate Federal Spending Laws
The Trump administration has operated outside the appropriations process and congressional oversight through its law firm settlements.
Another Abrego Garcia, and the Administration’s “Contrivance” to Keep Him in El Salvador’s Prison
Fourth Circuit rejects the government's attempt to keep a detainee very similar to Abrego Garcia in CECOT prison.
Making Russia Pay: Obtaining Compensation for Russia’s Invasion of Ukraine in American Courts
US courts may offer avenues for holding Russia accountable for injuries caused by its unlawful invasion of Ukraine, subject to certain limitations.
When the Executive Defies the Judiciary: How Federal Courts Can Enforce Their Orders Without the Marshals
Federal courts possess a number of tools to ensure the U.S. government is held responsible for failing to enforce or execute court orders.
The Just Security Podcast: Discussion of Stephen Miller Remarks on Suspension of Habeas Corpus & Path Ahead
An assessment of Stephen Miller's recent remarks on the suspension of habeas corpus and the path ahead for courts and members of Congress.
A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss
An emerging consensus among federal judges on the AEA's application increases the odds for the Trump administration's loss at the Supreme Court.
The Dirty Deal with El Salvador
What’s known about the agreement between the United States and El Salvador when it comes to CECOT prison, and why sworn testimony may be needed to fill in the gaps.
The Supreme Court’s Next 100 Days: Understanding the Passive-Aggressive Virtues (and Vices)
The Supreme Court's pushback during the first 100 days of the Trump administration is striking. What to look for in the next 100.