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
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.
Court of International Trade’s Flawed Ruling in Striking Down Trump’s Tariffs
On May 28, the U.S. Court of International Trade ruled Trump's tariffs exceed IEEPA's scope; the court's analysis is weak. These cases show limits of constitutional avoidance.
Whistleblower Documents Implicate Emil Bove in Criminal Contempt Order by Chief Judge Boasberg
Email released by whistleblower would presumably implicate Bove in the “contumacious conduct” identified by Chief Judge Boasberg.
The Trump Administration’s Multi-Front Assault on Federal Research Funding
Costs for scientific progress and the public could be profound if the Trump administration succeeds in significantly cutting research funding.
AI Copyright Wars Threaten U.S. Technological Primacy in the Face of Rising Chinese Competition
Outdated U.S. copyright laws could inadvertently boost Beijing's tech ambitions and its approach to IP globally.
Hanging “Like a Guillotine”: Trump v. CASA and the Risk of Statelessness
For the first time in modern history, children born on American soil may be rendered stateless. The risk to non-citizen children is real and urgent.
Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
It’s Not Too Late for States Parties to Fulfill the Promise of the International Criminal Court: Three Actions They Should Take Now
The ICC might still play a role in walking humanity back from the brink, if States can find the political will to respect and strengthen the work of the Court.
After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.
Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties
Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
Ideology Matters: An Analysis of Sentencing in Terrorism and Extremism Cases
Ideology affects U.S. terrorism prosecutions: ISIS-linked defendants tend to get longer sentences than those tied to other extremist groups or ideologies.