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.
2,856 Articles
Dissecting the Litigation: Where Trump Administration Actions Face Early Roadblocks or Traction
A snapshot of where litigation stands and how courts are ruling on challenges to the Trump administration's executive actions.
Brazil’s Digital Sovereignty Is Under Attack: How Courts, Platforms, and Constitutional Law Are Redefining Democracy Online
At the heart of Brazil’s approach to digital constitutionalism is a legal framework that treats platform governance as essential to democracy.
In Congress, a Welcome, and Well-Executed, Next Step to Stop Trump’s Transfers to Torture
Six new bills demanding that the executive branch provide basic information about deportations from U.S. shores should pass unanimously.
New and Improved Litigation Tracker: Legal Challenges to Trump Administration Actions
Announcing the increased functionality of the Litigation Tracker, which monitors all lawsuits against Trump administration executive actions.
The Freedom of Information Act and Deteriorating Federal Transparency Infrastructure
Weakening FOIA does not merely impair public knowledge — it also reduces the likelihood that abuses will be detected and deterred.
In Argentina, a Bold Step for Global Justice: Holding the Chinese Government Accountable for Atrocities Against Uyghurs
A recent court decision in Argentina offers a source of hope to Uyghur victims seeking justice for Beijing's alleged atrocities in Xinjiang.
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.
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.
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.
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.
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.
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.