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.
2,991 Articles
To Audition for the Role of Attorney General, Blanche Is Prosecuting to Please
Attorney General nominee Todd Blanche's prosecutions of Comey and others reveal a pattern of prosecutorial sycophancy — charges brought to please Trump.
“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook
In these two cases, the Court misread history with an unmistakable result: two fundamentally irreconcilable decisions.
Breaking the Cycle: Transitional Justice in America After Trump
A post-Trump America must finally turn transitional justice tools inward and reckon with failures it has long refused to face if it aims to repair, not simply ignore.
A Path For Middle Powers and a Rules-Based International Order: A Functional Perspective
German scholars argue that from a realpolitik perspective, commitment to international law is essential for States whose power is limited.
The Federal Reserve Exception to the Slaughter Rule
On the Supreme Court’s latest reasoning about the Federal Reserve and the fault lines that are likely to emerge in the years ahead.
Not Seeing the Forest for the Trees: Historical Commissions Are Crucial for Syria
Transitional justice approaches in Syria must not isolate periods of oppression from the broader contexts that enabled them.
How Defending Free Speech Can Unite Unlikely Allies
The Trump administration's threats to First Amendment rights have inspired a broad front defending free speech, freedom of the press, protest rights and more.
Fencing with Fourth Amendment: Unpacking the Supreme Court’s Chatrie Decision
Chatrie stands as an important but narrow reaffirmation of the Supreme Court’s determination not to let technology overwhelm all privacy expectations in the digital age.
Abandoning Principles: Unpacking the Supreme Court’s Mullin v. Al Otro Lado Denying Asylum to Arriving Migrants
How the Roberts Court interpreted a simple statutory phrase to give the executive branch license to undercut asylum protections at the U.S. border.
Sanitized and Unreviewable: Unpacking the Supreme Court’s Mullin v Doe on Ending Temporary Protected Status for 1.3m Noncitizens
Leading immigration expert unpacks the Supreme Court's ruling on temporary protected status for Haitian and Syrian residents in U.S.
Seeking Justice the Day After SCOTUS Killed the Alien Tort Statute
As surely as day follows night, survivors will continue their quest for justice and accountability. The Supreme Court’s decision marks the end of an era, but a new dawn awaits.
Supreme Court Closes the Door on the Alien Tort Statute
Unpacking the Supreme Court opinion in Cisco Systems, Inc. v. Doe.