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.

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2,854 Articles
A man browses Facebook on his smart phone after the mobile internet went back online in Kampala, Uganda, on January 18, 2021. He stands next to a stack of tires.

Oversight Board’s First Rulings Show Facebook’s Rules Are a Mess

The company’s inability to enact a clear, consistent, transparent content-moderation policy may lead the board to overturn the decision to bar Trump.
Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Charles Schumer (D-NY) and House Minority Leader Nancy Pelosi (D-CA), confer during a ceremony awarding former Senate Majority Leader Bob Dole the Congressional Gold Medal at the U.S. Capitol on January 17, 2017 in Washington, DC.

Civil Society Orgs’ Letter to Schumer: Disqualify Trump via 14th Amendment

Group of leading civil society organizations urge Congress to disqualify Trump under 14th Amendment's "insurrection clause."
Journalists and well-wishers light candles on the grave of slain anti-establishment editor Lasantha Wickrematunge on his 12th death anniversary, in Colombo on January 8, 2021.

Escalating Attacks on Journalists in Sri Lanka Demand New Tack from Human Rights Council

The continuing impunity in the wartime killing of a revered editor and the recent escalation of rights abuses expose the government's recalcitrance.
Myanmar migrants share their activities on social media before going to a local protest against the military coup in their home country, at a house in the outskirts of Bangkok on February 7, 2021. One person holds a phone recording the others. They wear face masks.

Myanmar is Experiencing a Digital-Age Coup – Tech Companies Must Push Back

Since taking power, Myanmar's military has limited access to social media, and at times cut internet service overall. What can tech companies do to resist?
Statues in front of the US capitol building. Behind the statues, flags at the US Capitol fly at half-mast to honor US Capitol Police Officer Brian Sicknick, on January 8, 2021, in Washington, DC. Sicknick died from injuries sustained during the attempted coup on January 6th.

Their Fourteenth Amendment, Section 3 and Ours

A preeminent legal historian writes about original understanding of 14th Amendment; how it can disqualify President Trump from future office.
The top of the U.S. Supreme Court building.

We Don’t Need to Reform the Supreme Court

Politicization of the judiciary in the name of correcting the politicization of the judiciary is a bad policy foundation.
The Senate floor during the start of the impeachment hearing on January 11, 2021.

Time to Reconsider the 14th Amendment for Trump’s Role in the Insurrection

Impeachment and conviction isn't the only way to keep Trump out of the game, writes Jim Wagstaffe. Congress should pitch 14th Amendment disqualification, too.
Supporters of US President Donald Trump participate in the Million MAGA March to protest the outcome of the 2020 presidential election, in front of the US Supreme Court on December 12, 2020 in Washington, DC. They carry Trump flags, American flags, and other flags.

Authoritarian Populism, Courts and Democratic Erosion

The uniquely strong American judicial system managed to hold the line and, ultimately, fend off Donald Trump’s assault on U.S. institutions.
The International Criminal Court on January 18, 2019.

Balancing the US Approach to the ICC

As the Biden administration develops a new direction in American foreign policy, the ICC is also charting a new institutional course.
Julian Assange gestures to the media from a police vehicle on his arrival at Westminster Magistrates court on April 11, 2019 in London, England.

The Biden Administration Should Drop the Assange Case

A coalition of press freedom, civil liberties, and human rights groups has formally asked the Justice Department to abandon its appeal and dismiss the underlying indictment of…

The Meaning of the Supreme Court’s Ruling in Germany v. Philipp

Last week the U.S. Supreme Court decided Germany v. Philipp, a Holocaust expropriation case brought under the Foreign Sovereign Immunities Act (FSIA). Writing for a unanimous Court,…
Roger Stone speaks with Proud Boys leader Enrique Tarrio during a demonstration the night before the December 12th “Stop The Steal” rally in Washington DC.

EXCLUSIVE: New Video of Roger Stone with Proud Boys Leaders Who May Have Planned for Capitol Attack

Footage obtained by Just Security from Parler shows Roger Stone and Proud Boys leaders Enrique Tarrio and Ethan Nordean (a.k.a. Rufio Panman) participating together in a demonstration…
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