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.
2,863 Articles
Engaging Africa in the ICC Prosecutor’s New Policy Paper on Complementarity and Cooperation
By adopting a dynamic interpretation of complementarity and cooperation, Khan signals the OTP’s responsiveness to these concerns emanating from African States and other stakeholders.
The Just Security Podcast: Presidential Immunity After Trump v. United States
Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.
Trump’s Prosecutions Depend on Whether the Dissent Got It Right
Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.”
Divided Supreme Court Hands Trump Broad Immunity for Prosecution for Official Acts
The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.
Foreign Affairs Deference After Chevron
For foreign relations and national security cases any effects of Chevron's overruling are more likely to be ripples than waves.
The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact
What does the Supreme Court decision in Fischer v. United States mean for former President Donald Trump’s D.C. criminal case and the hundreds of other January 6th defendants?…
The Just Security Podcast: ICC Arrest Warrants for Russian Attacks on Ukraine’s Power Grid
Prosecutors allege that Sergei Shoigu, Russia’s former defense minister, and Valery Gerasimov, the Chief of the General Staff of the Russian Armed Forces, directed missile strikes…
Unpacking the Supreme Court’s Punt on Alleged Government ‘Coercion’ of Social Media Companies: What Murthy v. Missouri Did and Did Not Say
What Murthy v. Missouri did and did not say.
Should Trump Get Jail Time? A Survey of Sentences for Falsifying Business Records in the First Degree
As Judge Merchan considers sentencing, a look at other cases of falsifying business records that did or didn't end in incarceration.
Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster
Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
The Assange Plea and Press Freedom
Assange's case will cast a long shadow over the most important kinds of journalism, not just in the United States but around the world.
Judge Sharply Questions Need for Backdoor Gag Order Against Trump in Classified Docs Case
Judge Aileen Cannon sharply questioned prosecutors about an indirect approach to restrict Donald Trump's comments on federal officials.