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.
2,854 Articles
Biden Can, But Shouldn’t, Federalize the Texas National Guard
Invocation of the Insurrection Act in response to Texas' obstruction of CBP agents at the U.S.-Mexico border would be inappropriate.
How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines
Likely trial start dates for former president Trump in DC, now that the Circuit Court has ruled and the Supreme Court has yet to weigh in.
Taking Stock of ICJ Decisions in the ‘Ukraine v. Russia’ Cases—And implications for South Africa’s case against Israel
What do the ICJ's two recent decisions mean for Ukraine's international legal strategy, and what do they signal about other pending ICJ cases, including South Africa v. Israel?
National Security at the United Nations This Week (Jan. 29-Feb. 2)
ICJ issues judgment in 2017 Ukraine-Russia case, UN officials emphasize importance of UNRWA funding in Gaza, ICC Prosecutor speaks on Sudan, and more.
The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
Texas Governor Greg Abbott's invocation of "invasion" is based in the white supremacist "great replacement" conspiracy theory.
Between Rhetoric and Effects: The ICJ Provisional Measures Order in South Africa v. Israel
A close dissection of what exactly the ICJ required Israel to do, and what the Court may have purposefully left ambiguous.
Strategic Litigation Takes the International Stage: South Africa v Israel in Its Broader Context
In the wake of last week’s pathbreaking International Court of Justice order of provisional measures concerning alleged genocide in Gaza, much reaction has rightly addressed…
The Facts About Electronic Surveillance Reform
"It is my hope that, with section 702’s expiration date now extended to April 2024, members of Congress and the administration can engage in substantive discussions, identify…
The Fulton County Disqualification Allegations: Myths, Facts and Unknowns
A fact-based analysis of what its known or unknown, true or false/misleading about the allegations surrounding Fulton County District Attorney Fani Willis and Nathan Wade.
Immigration Is Not an “Invasion” under the Constitution
The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.
Why the ICJ Ruling Misses the Mark: Mitigating Civilian Harm With An Enemy Engaged in Human Shielding
Former CENTCOM Commander General (ret.) Joseph Votel and Professor Claire Finkelstein critically analyze South Africa's positions before the International Court of Justice in…
The Just Security Podcast: ICJ Provisional Measures in South Africa v. Israel
Three experts join the show to unpack the ICJ provisional measures in South Africa's genocide case against Israel.