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.

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2,832 Articles
A man walks in front of the Supreme Court building at dusk.

Taking Stock of the Birthright Citizenship Cases, Part I: Unpacking Trump v. CASA, Inc.

Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
Gavel and scales with a US flag in the background as symbols of a jurisdiction.

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.
The International Court of Justice (ICJ) members arrive to issue first Advisory Opinion (AO) on States' legal obligations to address climate change, in The Hague on July 23, 2025. The top UN court on July 23, 2025 described climate change as an "urgent and existential threat", as it handed down a landmark ruling on the legal obligations of countries to prevent it. (Photo by JOHN THYS/AFP via Getty Images)

Climate-Vulnerable States Vindicated in the Hague: A First Look at the International Court of Justice’s Climate Advisory Opinion

With this unanimous opinion, the ICJ has taken a clear stand in favor of a coherent and equitable international legal response to climate change.
Binders of executive orders stacked on a desk.

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.
Fog over Santiago, Chile (via Getty Images)

Inter-American Court of Human Rights Delivers Landmark Opinion on Climate Emergency

The advisory opinion provides a blueprint for policymakers and advocates seeking to drive forward climate action in the Americas.
Secretary of State Marco Rubio speaks as U.S. President Donald Trump meets with President Nayib Bukele of El Salvador in the Oval Office of the White House on April 14, 2025 in Washington, DC. Trump and Bukele were expected to discuss a range of bilateral issues including the detention of Kilmar Armando Abrego Garcia. (Photo by Win McNamee/Getty Images)

The Legal Fig Leaf: The US-El Salvador Detainee Diplomatic Notes

Declassified U.S.–El Salvador documents expose a shaky legal cover and continued U.S. control over detainees in CECOT, raising questions about complicity in potential abuses.
Emil Bove, President Donald Trump's nominee to be U.S. Circuit Judge for the Third Circuit, testifies during his Senate Judiciary Committee nomination hearing in the Hart Senate Office Building on June 25, 2025 in Washington, DC. A whistleblower alleged that Bove, President Trump's former personal lawyer, told Justice Department staff to defy court orders and continue to carry out Trump’s deportation plans. (Photo by Kevin Dietsch/Getty Images)

Classified Information and State Secrets: Why the Senate Must Consider National Security Risks in Judicial Confirmations

A vote to confirm a judicial nominee is a vote to grant that individual a lifetime security clearance and access to some of the country’s most closely held secrets.
The International Criminal Court in the evening (via Getty Images)

From Bench to Ballot: Judicial Integrity and Political Ambition at the ICJ

ICJ president Nawaf Salam's resignation demonstrates why clear ethical boundaries are essential to the Court’s continued authority and legitimacy.
Exterior view of The United States Court of International Trade in lower Manhattan on May 29, 2025 in New York City. In a ruling that surprised many, the Manhattan-based trade court ruled in an opinion by a three-judge panel that a 1977 law called the International Emergency Economic Powers Act (IEEPA) does not grant Trump "unbounded" authority to impose the worldwide and retaliatory tariffs he has issued by executive order recently. (Photo by Spencer Platt/Getty Images)

Court of International Trade’s Flawed Ruling in Striking Down Trump’s Tariffs

On May 28, the U.S. Court of International Trade ruled Trump's tariffs exceed IEEPA's scope; the court's analysis is weak. These cases show limits of constitutional avoidance.
Emil Bove, President Donald Trump's nominee to be U.S. Circuit Judge for the Third Circuit, is sworn in before testifying during his Senate Judiciary Committee nomination hearing in the Hart Senate Office Building on June 25, 2025 in Washington, DC. A whistleblower alleged that Bove, President Trump's former personal lawyer, told Justice Department staff to defy court orders and continue to carry out Trump’s deportation plans. (Photo by Kevin Dietsch/Getty Images)

Whistleblower Documents Implicate Emil Bove in Criminal Contempt Order by Chief Judge Boasberg

Email released by whistleblower would presumably implicate Bove in the “contumacious conduct” identified by Chief Judge Boasberg.
IMAGES (left to right): People search through buildings, destroyed during Israeli air raids in the southern Gaza Strip on November 7, 2023 in Khan Yunis, Gaza (Photo by Ahmad Hasaballah/Getty Images); A fireball erupts during Israeli bombardment of Gaza City on October 9, 2023 (Photo by Mahmud Hams/AFP via Getty Images); The International Court of Justice (ICJ), the principal judicial organ of the UN, holds public hearings on the request for the indication of provisional measures submitted by South Africa in the case South Africa v. Israel on 11 and 12 January 2024, at the Peace Palace in The Hague, the seat of the Court (Photo by the International Court of Justice).

Just Security’s Israel-Hamas War Archive

Just Security's collection of more than 110 articles covering the Israel-Hamas War and its diplomatic, legal, and humanitarian consequences.
A woman does research on skin wound healing in a lab

The Trump Administration’s Multi-Front Assault on Federal Research Funding

Costs for scientific progress and the public could be profound if the Trump administration succeeds in significantly cutting research funding.
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