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.
2,821 Articles
Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
It’s Not Too Late for States Parties to Fulfill the Promise of the International Criminal Court: Three Actions They Should Take Now
The ICC might still play a role in walking humanity back from the brink, if States can find the political will to respect and strengthen the work of the Court.
After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.
Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties
Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
Ideology Matters: An Analysis of Sentencing in Terrorism and Extremism Cases
Ideology affects U.S. terrorism prosecutions: ISIS-linked defendants tend to get longer sentences than those tied to other extremist groups or ideologies.
La Suprema Corte estadounidense falla a favor de armerías ante la demanda de México, pero les niega inmunidad total
Mexico's claims were denied on jurisdiction, but the Supreme Court provided a roadmap to other scenarios in which such claims might advance.
SCOTUS Rules for Gun Manufacturers in Mexico Suit But Denies Blanket Immunity
While Mexico’s claims were set aside, the Court laid out new pathways to accountability, providing a clearer roadmap of which legal strategies are likelier to succeed.
Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump
"Congress has been far more clear than is widely believed about what its view is..."
Just Security’s Russia–Ukraine War Archive
A catalog of over 100 articles (many with Ukrainian translations) on the Russia Ukraine War -- law, diplomacy, policy options, and more.