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.

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3,182 Articles

FAQ for Senior Military Officers at Hegseth’s Quantico Meeting

Military justice expert Eugene Fidell answers crucial questions ahead of next week's senior military meeting with Secretary of Defense Pete Hegseth.
U.S. President Donald Trump signs an Executive Orde

Repression as Rescue: The Authoritarian Logic of Trump’s Early Executive Orders

The rhetorical threats Trump employed during his campaign are directly echoed in the titles and content of his second-term EOs.
A view of the front portico of the United States Supreme Court building in Washington, DC

Trump’s Use of Consent Decrees to Dismantle Policy

The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.
Gavel on a table in front of a chair with a military uniform

Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?

The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.
US Marines' Lockheed Martin F35-B jets arrive in formation to José Aponte de la Torre Airport

Murder by Drone: The Legal and Moral Stakes of the Caribbean Strikes

If allowed to go unchecked, the Caribbean strikes could encourage additional unlawful executions by the United States and other leaders.
The Just Security Podcast

The Just Security Podcast: Sen. Elissa Slotkin on a New Vision for American National Security

The Senator joins Tess Bridgeman and Ryan Goodman for a wide-ranging discussion on the future of national security and foreign policy.
Seal of the Foreign Malign Influence Center (Wikimedia Commons)

What Just Happened? Dismantling the Intelligence Community’s Foreign Malign Influence Center

Director of National Intelligence Gabbard is dismantling the last government unit tracking and analyzing State-sponsored interference in U.S. institutions, elections, and society.
The Just Security Podcast

The Just Security Podcast: What Just Happened — John Bolton Search Warrants

Mary McCord and Zachary Myers join David Aaron to discuss search warrants executed last week at former National Security Advisor John Bolton's office and residence.
People demonstrate with CASA outside the Supreme Court of the United States on Thursday May 15, 2025. (Photo by Matt McClain/The Washington Post via Getty Images)

The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705

For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.
National Labor Relations Board (via Wikimedia Commons).

Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court

The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.
The Just Security Podcast

The Just Security Podcast: What Just Happened – Federalization of DC Law Enforcement, Legal Authorities and Updates

Brian Netter and Mark Nevitt join David Aaron to break down the legal and policy implication of the federalization of D.C. law enforcement.
Pedestrians pass a combat vehicle

One Week of Trump’s DC Takeover Attempt: An analysis of the president’s use of military, police, and security services in the nation’s capital

Detailed legal analysis of federalization of DC police and the deployment of Guard, DHS and other forces.
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