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
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.
Some Reforms to Consider as the Uniform Code of Military Justice Turns 75 This Spring
The UCMJ's 75-year mark is an auspicious time to consider reforms that would dramatically alter the system President Truman signed into law.
Confronting Challenges to the Prosecution of Enforced Disappearances Before Domestic Courts
Addressing widespread impunity and various failed efforts to establish criminal responsibility for enforced disappearance.
Italy, Libya, and the Failure of State Cooperation with the International Criminal Court in the Elmasry Arrest Case
The decision to release Osama Elmasry Njeem and fly him back to Libya immediately drew widespread outrage in Italy and beyond.
The Real Reason Trump’s Purge of Career DOJ Officials Should Alarm You
Senate Judiciary Committee and Department of Justice alum maps out the threat posed to 2028 election by President Trump's personnel moves inside the Department of Justice.
Beware the “Deferred Resignation” Offer: A Legally Dubious Proposal for Federal Employees
The deferred resignation proposal sent to federal workers is fraught with practical and legal issues that present uncertainty for employees.
Understanding Trump’s Choice for FBI Leadership in Light of the“Weaponization of the Federal Government” Executive Order
An essay by former acting United States Attorney General.
Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us
Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications
Trump's "invasion" EO could dangerously expand federal and state powers, enabling detention without trial and unauthorized war.