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
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.
The Attempt to Purge Trans Members from the Armed Forces
The effort to purge all trans people from the military is not merely a repeat of the struggle that played out during the first Trump administration; it is an attack of a different…
More Territory, More Problems: Can Trump Seize Greenland?
An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.
The Just Security Podcast: What Just Happened Series, Understanding Federal Employee Rights
Labor and employment expert Suzanne Summerlin discusses the protections available to federal employees if their rights are violated.
The People of New York v. Mayor Adams: Will Manhattan DA Bragg Come to the Rescue Yet Again?
District Attorney Alvin Brag could potentially fill the void in accountability by bringing charges against New York City Mayor Eric Adams.
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.