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.
2,869 Articles
Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.
Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?
The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.
Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.
In Immigration Decision K-E-S-G-, a Break with Precedent Turns Back the Clock on Women’s Rights
A recent Board of Immigration Appeals ruling could seriously undermine protection for women fleeing fundamental human rights violations.
Taking Stock of the Birthright Citizenship Cases, Part III: DOJ’s Arguments Regarding Domicile and Unauthorized Immigrants
Unpacking the Justice Department's arguments in the birthright citizenship litigation.
September Could Finally Bring Answers for Northern Ireland Families
This month, Northern Ireland’s courts may deliver long-awaited answers — and perhaps accountability — for survivors and bereaved families of the conflict from 1969 to 1998.
When Law Fails Women: Jirgas, Gender Violence, and the Collapse of International Accountability
When women are walked to their deaths with the world watching, international law must offer more than words. It must deliver protection with power.
Unlocking Justice: A Policy Roadmap for Victims of Spyware
To introduce accountability for cyberattacks, Congress should make it clear that U.S. courts are the right venue for spyware cases.
The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705
For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.
Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court
The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.
Discovery in U.S. Spyware Litigation: A Double-Edged Sword?
Despite its inherent risks, civil society and policymakers can learn how to benefit from the discovery process in spyware cases.
Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.