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.
2,870 Articles
How ‘Economic Security’ is Re-shaping Presidential Power
Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.
Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?
Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.
We Charge Genocide: Redux
What we can name and render cognizable and what we must un-remember and forcefully forget is deeply connected to the numerous atrocities embedded in the international order.
The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.
The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.
The Undesirable Journey of Vladimir Kara-Murza: Challenging Russia’s Repression
His case and the cause of freedom he pursues highlight the need for greater efforts by Russian civil society and the international community.
As Prime Minister Recovers from Assassination Attempt, Slovakia’s Democracy Is in the Crosshairs
The shocking attack should spur a stock-taking by Slovaks and the EU to reverse the country's rapid slide toward autocracy.
The International Criminal Court’s Jurisdiction in Palestine and the ‘Oslo Accords Issue’
Under the Rome Statute, the Court has and may exercise jurisdiction over any adult person accused of committing war crimes or crimes against humanity on the territory of a State…
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.