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
“Fired” Member of U.S. Privacy Oversight Board Discusses What He Considers at Stake
"The risks to U.S. persons, as well as non-U.S. persons, from the misuse, abuse, and exfiltration of data are quite substantial."
The Racial Twist in Trump’s Cutoff of Refugee Admissions
A case that prompted a court injunction helps show executive orders on refugee resettlement and on South Africa are egregious and unlawful.
No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case
I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.
Human Rights and Democracy in the Quantum Age
Now is the time to prepare for the second quantum revolution.
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.