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
The Facebook Oversight Board’s Trump Ban Decision Is About More Than Trump
The Oversight Board must grapple with algorithmic decision-making and whether politicians' speech ought to be governed by special rules, with implications for political speech…
Is Roger Stone Getting Off Easy for Tax Fraud?
Why is Roger Stone not being criminally prosecuted for tax evasion?
Biden’s First 100 Days on Immigration: A Test of Leadership
The president may ultimately be judged not on any so-called border “crisis,” but for whether he remains true to his principles in the face of opposition.
Beyond the Coup in Myanmar: “In Accordance with the Law” – How the Military Perverts Rule of Law to Oppress Civilians
The Tatmadaw have used the concept of "law" to justify both arbitrary violence against anti-coup protestors and the coup itself. But what would true "rule of law" mean in Myanmar?
Key Takeaways From Latest FISA Court Opinion on Section 702 and FBI Warrantless Queries
A recently declassified FISA Court opinion shows how serious the threat is that Section 702 could be exploited as a loophole for warrantless surveillance in domestic policing.
Belarus Jailing of Journalists for Reporting on Peaceful Protest Violates International Law
An appeal hearing in Minsk offers a chance for the court to rectify an injustice that illustrates how reporters have been targeted for abuse..
Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison
The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…
The Public Should Have Access to the Surveillance Court’s Opinions
For decades, a special court—the Foreign Intelligence Surveillance Court, or “FISC”—has issued secret legal opinions authorizing the U.S. government to conduct sweeping…
Don’t Place Judicial Accountability In The Dark
Efforts to ensure the safety and security of federal judges – including by shielding certain personal information, such as addresses, from public disclosure – are sadly necessary…
Congress Must Reform Sanctions Law to Avoid ICC Penalties from Happening Again
Reversing the sanctions the Trump administration placed on International Criminal Court leaders is not enough to prevent something like that from happening again.
China’s Dystopian “New IP” Plan Shows Need for Renewed US Commitment to Internet Governance
The US must rally partners to rein in the abuse of multilateral institutions for Huawei’s plans on 6G and beyond, which make concerns over 5G look minor.
Should the COVID-19 Vaccine Be Required for the Military?
A mandatory vaccination program would likely be upheld in military and federal courts if President Biden determines that it is in the interests of national security.