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
The Resilience of International Law in the Face of Empire
We may be effectively reverting, at least temporarily, to an era of imperial rule. But history has demonstrated that international law has a long memory. Lawyers and historians…
Can the President Dismantle the Department of Education by Executive Order?
An Executive Order that purports to dismantle the Department of Education or any of its key functions is sure to be challenged in court but would still create disruptions and other…
What Just Happened: Purges at the DOJ and FBI — How Do and Don’t the Civil Service Laws Apply
Expert Backgrounder on how civil service laws do or do not protect DOJ and FBI officials from retaliation.
President Trump Is Ignoring the Impoundment Control Act, Welcoming a Fight in the Courts
The Impoundment Control Act makes clear that the president does not have the authority to unilaterally impound billions in federal funds.
The Just Security Podcast: Repression of Lawyers in Belarus and Around the World
Nils Muiznieks, Maksim Polovinko, and Margaret Satterthwaite join the show to discuss the repression lawyers face in Belarus.
Solidarity Needed Amid Stranglehold on Belarusian Lawyers
Belarusian lawyers face severe threats under a near-total State-controlled legal system with hundreds disbarred or exiled simply for doing their jobs.
Connecting the Dots: Trump’s Tightening Grip on Press Freedom
The president and his allies are leading an effort to eviscerate the free press and construct an information ecosystem favorable to his views.
A Step in the Right Direction for Prepublication Review
A recent clarification could help former government employees who once held security clearances publicly write and speak more freely.
The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases
Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction
The Just Security Podcast: ‘The National Security Constitution in the 21st Century’ Book Talk
Harold Hongju Koh joins the podcast to discuss his most recent book, 'The National Security Constitution in the 21st Century'
What Happens After the Most Powerful Media Institutions Keep Surrendering to Trump
U.S. media institutions are abandoning their own First Amendment rights by settling lawsuits with Trump, writes Jaffer for the New York Times.
Nine Experts on the Impact of President Trump’s Pardons and Commutations for January 6 Offenders
We asked nine experts about what clemencies might herald for the future of the rule of law, political violence, and extremism.