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.
2,863 Articles
A Free Speech View on the “Free Speech” Executive Order
There’s a version of this executive order that might have given free-speech advocates hope that the incoming administration would investigate “jawboning”—government pressure…
President Trump’s Attempt to “Save” TikTok is a Power-Grab that Subverts Free Speech
"I remain convinced that the statute authorizing the ban is an ill-advised and unconstitutional law that does lasting damage to the First Amendment rights of millions of Americans…
The Just Security Podcast: The Supreme Court’s Decision on TikTok
Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang discuss how the Supreme Court balanced free speech rights and national security concerns in the TikTok case.
Spyware Company NSO Group Faces Setbacks in Attempts to Avoid US Lawsuits
In a case brought by WhatsApp, a US court ruled that the NSO Group was liable for hacking and breach of contract.
Why Palestinian Families Are Suing the State Department for Failing to Enforce the Leahy Law
The plaintiffs in Amal Gaza, et al v. Secretary Antony Blinken, et al have a single demand of the State Department: obey the law.
The Just Security Podcast: Special Counsel Jack Smith’s Final Report in the 2020 Election Interference Case
Joining the show to discuss Jack Smith's final report in the 20220 election interference case are Tom Joscelyn and Marty Lederman.
The US Sudan Genocide Determination Requires the Suspension of Arms Sales to the UAE
The U.S. genocide determination should trigger concerted efforts to support the people of Sudan and set an example that wars and human rights abuses should not and cannot be profitable.…
3 Highlights in Special Counsel Jack Smith’s Final Report on 2020 Election Subversion Case
Experts identify 3 important insights from the Special Counsel’s report, despite it otherwise containing very little new information.
Questions for Senators (And Journalists) to Ask Attorney General Nominee Pam Bondi
We asked leading experts what questions Committee members should ask Bondi in her confirmation hearing.
How Not to Decide TikTok: U.S. press freedom hangs in the balance
"If the Court were to accept the Solicitor General’s rationale ... the government would be free to force the removal of owners of any media outlet whose fealty it did not trust."
Judge Cannon and the Special Counsel’s Report
Explaining the state of litigation over whether DOJ can publicly release the January 6th report - and how the Supreme Court may decide.
Trump’s Real Felony Sentence: The Jury’s Verdict Hasn’t Been Erased
For the last week, President-elect Donald Trump’s defense attorneys submitted hundreds of pages of legal arguments in four courts from New York City to Albany to Washington,…