Democracy & Rule of Law

Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.

Highlights:

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Reinvention Blueprint No. 5: Reinvigorating Federal Enforcement to Fight for the Public

The next administration should lean into enforcement as a strategy to advance fairness, justice, and the rule of law.
In the middle background of the photo, three jacketed people with their backs to the camera are marking their ballots in their respective neighboring voting booths, while the foreground shows a voting machine with two American flag logos with the word "VOTE" in all caps underneath each flag.

Foreign Threats to U.S. Elections Are Maturing Faster Than the Defenses to Counter Them

It is uncertain whether the U.S. election-security system can adapt at the same pace as foreign capabilities are expanding.
A voting booth covered with blue curtains stands at the left side of the frame, while on the right, a man stands slightly stooped while placing a paper ballot into a wooden ballot box. Behind the man stand a Romanian flag on his left and a European Union flag to the right.

Foreign Interference and the Democratic Self-Defense Trap: A European Perspective Going into the 2026 Midterms

How to safeguard elections against genuine foreign interference while preventing incumbent governments from exploiting allegations of interference to undermine voting rights?

Dissecting DOJ’s Letter to California Election Officials: Empty Threats of Criminal Liability

Legal expert breaks down the Justice Department's letter to California election officials over purported noncitizens voting and mail ballots.

Servant of the Law: The President as Chief Prosecutor

An examination of the constitutional, legal, and ethical constraints on the president when he exercises his power as chief prosecutor.

The “Presumption of Regularity” in Trump Administration Litigation (5th edition)

The most comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
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Guantanamo Dispatches: Trial Judge Finds Defendant in USS Cole Bombing Case Competent to Face Trial

The ruling clears the way for jury selection to start Nov. 2 in the first capital case by the military commission at Guantanamo Bay.

Guantanamo Dispatches: USS Cole Defense Lawyers Make 11th Hour Plea for Delay of Trial Starting Monday

With jury selection set to begin in just a few days, the senior military defense lawyer in the USS Cole bombing case asked the judge to postpone the trial by six months.
FBI Director Kash Patel, wearing a black suit with a red tie, stands with his right hand raised as he swears an oath. Before him on a desk is a name card that reads "Hon. Kash Patel" while several rows of Senate hearing attendees are visible in the background.

Why is the Government Hiding Court Rebuke on Warrantless FISA Surveillance?

Government agencies have been misusing FISA 702 and the Trump administration is now breaking the law to hide this misconduct from the public.
A view of the back of three white voting booths, each bearing an American flag logo and the word "VOTE." Behind each of the booths can be seen a voter visible from the waist down, the top halves of each of their bodies covered by the booth.

What Leaders Can do Now and Next to Lower Risks of Election Violence

Congress could take several obvious steps to make it safer to participate in the American democratic system. 
Gavel and scales with a US flag in the background as symbols of a jurisdiction.

Litigation Tracker: Legal Challenges to Trump Administration Actions

A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
A collage of election-related images from Just Security articles

Collection: Just Security 2026 Midterm Election Analysis and Commentary

This collection brings together analysis of the legal and policy issues surrounding the 2026 U.S. midterm elections published on Just Security.
The pillars of the Lincoln Memorial building visible in the background, while in the foreground, three National Guard servicemembers walk from the left to the right side of the frame with their backs to the camera while a pedestrian in a yellow shirt holding a camera walks in the opposite direction.

Boots Off Ballots: Impact on Civil-Military Relations

A deployment around an election that is perceived to be politically motivated would irreparably harm the military's standing with the public.
Businessman working on laptop with artificial intelligence law icons showing regulation, ethics and compliance standards, highlighting responsible technology governance and legal risk management.

Filling the Accountability Gap in AI Governance Series

As the risks of artificial intelligence continue to mount, the expert analysis in this series engages the fundamental question of what ought to happen when AI risks manifest into…
A wide shot of a cityscape illuminated by flames, with fire engulfing a tall building on the right-hand side of the frame, foregrounded by a telephone poll, while a leafy tree takes up the foreground of the left-hand side. Two people appear near the center of the frame as silhouettes, the left-most of the two almost entirely covered in shadow.

Might The Gambia v. Myanmar Help Establish Genocidal Intent in Russia’s War on Ukraine?

The Gambia v. Myanmar case before the ICJ will test legal propositions central to assessing whether Russia's war in Ukraine constitutes a genocide under international law.
The US Navy warship USS Sampson (DDG 102) docks at the Amador International Cruise Terminal in Panama City on September 02, 2025. Venezuelan President Nicolas Maduro said on September 1, 2025, that eight US military vessels with 1,200 missiles were targeting his country, which he declared to be in a state of "maximum readiness to defend" itself. (Photo by MARTIN BERNETTI/AFP via Getty Images)

Timeline of Boat Strikes and Related Actions

A timeline that chronicles major events in the Trump administration’s campaign of lethal strikes against suspected drug traffickers in the Caribbean and Eastern Pacific.

Guantanamo Dispatches: Army Doctor Diagnosed USS Cole Bombing Defendant with PTSD and Depression, Found Him Fit for Trial

A U.S. military psychiatrist found the USS Cole bombing suspect to be suffering from PTSD but cogent enough to face trial at Guantanamo Bay.
A blue architectural blueprint-style graphic with white grid lines and hand-lettered labels arranged like room names on a floor plan, symbolizing the architecture of institutional reinvention.

Welcome to Just Security’s Reinvention Blueprints

Just Security's Reinvention Blueprints series features expert proposals to rebuild U.S. government institutions so they serve the public and meet today's challenges.
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