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

Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation
Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform
An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.

Lessons from Petraeus’s Guilty Plea for Trump’s Classified Docs Investigation
In the retired general's case, the FBI executed a search warrant at his home and seized notebooks allegedly containing classified material.

Expert Backgrounder: Criminal Statutes that Could Apply to Trump’s Retention of Government Documents
The DOJ obtained a search warrant for Mar-a-Lago. What underlying crimes might have justified the search? Experts survey the possibilities.

Banning Content Platforms is Not a Solution to Hate Speech on the Internet, Even When the Platform is Meta
Governments should recognize that pulling the plug on the internet – or on an entire social media platform – is not a viable solution to the spread of hate speech or misinformation…

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments
Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…

Retrenchment of the Federal Right to Abortion: How Dobbs Threatens National Security
The Dobbs decision has broad national security implications, increasing the risk of political violence and damaging US standing in the world.

Tunisians, Fed Up With `Non-Delivering Democracy,’ Set to Vote on Retrograde Constitution: Civil Society’s Role
A civic leader says the coming referendum reflects the frustration of citizens who want a democratic system but need economic prosperity too.

Next Steps on the Road to Accountability and Security for Rohingya Refugees
The path forward for Rohingya refugees is complicated, but not impossible. A community leader outlines what's needed: humanitarian aid, international justice, and resettlement…

Highlights from the Criminal Evidence Tracker’s Reports on Seven Hearings by the January 6th Committee
A compendium of what each major witness said during the January 6th Hearings of relevance to two federal crimes and one state (Georgia) crime.

8 Top Experts on Strength of Dominion Suing Trump for Defamation, If It Wants To
"Almost every expert said a defamation suit brought by Dominion against Trump would be very strong."

The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order
The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.