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
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.
Why Has the Trump Justice Department Not Moved to Dismiss the Case Against Trump’s Co-Defendants in the FLA Classified Documents Case?
The Justice of Department's inaction appears to protect both Trump's reputation and Kash Patel's nomination to head the FBI.
Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data
Judge Hall’s Hasbajrami decision marks the first time a court has ruled that U.S. person queries of FISA Section 702 data must be performed pursuant to a warrant or an exception…
Syria Needs the International Criminal Court
The Assad atrocities have long served as a painful example of the limits of international justice, but there is now a chance to change that.
What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability
A leading expert analyzes the Justice Department threat to prosecute state and local officials in sanctuary cities.
What Just Happened: Trump’s January 6 Pardons and Assaults on Law Enforcement Officers By The Numbers
Trump pardoned nearly all the Jan. 6 defendants – including violent offenders. Several hundred of the pardoned defendants were charged with assaulting or obstructing law enforcement…
What Just Happened: With ICC Sanctions
The effects of President Donald Trump's revocation of Biden's E.O. terminating sanctions against the ICC, and what comes next.
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.