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.
2,932 Articles

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.

Trump’s Special Counsel Hearings: Judge Appears Concerned Over Jack Smith’s Funding
Key takeaways from Donald Trump's challenges to Special Counsel Jack Smith's authority in the classified documents case.

Can Families of Mass Shooting Victims Hold Social Media Companies Responsible for Violence?
Lawsuits connecting social media companies to mass shootings could hold Silicon Valley titans legally responsible for societal harms.

Symposium: ICC Prosecutor Launches Policy on Complementarity and Cooperation
A Hub for International Criminal Accountability