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.
2,991 Articles
U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.
A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability
Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.
Sword of the People: The Power of Grand Juries to Investigate Administration Corruption
The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.
Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
The U.S. Government Must Preserve the Soft Power of Its Sanctions
To maintain sanctions' effectiveness as a tool, governments should strive to implement them with clarity, consistency, and credibility.
Four Things State and Local Prosecutors Can Do to Combat Federal Corruption
State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.
Free Speech, Immigration Law, and Truth Telling at UCLA Law’s Recent Federalist Society Event
An immigration expert considers questions that might have been asked at DHS General Counsel Percival's UCLA Law Federalist Society event.
Deference Should Follow Expertise, Not Pretext
Anthropic v. Department of War reveals why courts must distinguish genuine national security judgments from pretextual ones and how to do it.
Challenging Toxic Air Exemptions – and a Pattern of Executive Overreach on Regulatory Rollbacks
Together, the Trump administration’s vision of the Clean Air Act’s exemption authority and shutting courts out from review is one of completely unchecked presidential power.
The Scope of Executive Privilege: Unpacking the D.C. Circuit’s Latest Decision
The D.C. Circuit upheld Navarro's contempt of Congress convictions, holding that executive privilege must be claimed by the president or an official authorized by the president.
The Just Security Podcast: Uncharted Territory: The Alien Terrorist Removal Court Hears Its First Case
Dani Schulkin is joined by Steve Vladeck and Jess Dawgert to discuss the first-ever case before the Alien Terrorist Removal Court.