Katherine Yon Ebright
Lawyer focusing on constitutional war powers at the Brennan Center for Justice. Views my own.
- New from me: A recap of last week's Venezuela hearing with Secretary of State Rubio. Recap touches on the administration's overbroad theory of Art. II, the Cuban Missile Crisis as a "precedent," and the Alien Enemies Act -- among other items. www.justsecurity.org/130722/war-p...
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- Reposted by Katherine Yon EbrightDUCKWORTH: If it's true that we are not at war with Venezuela, will you advise the president to rescind his invocation of the wartime Alien Enemies Act? RUBIO: That was a mechanism to remove people from our country that present great danger D: It's a wartime act. Are we currently at war? R: No
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- Administration officials have said H.W. Bush's ouster of the Noriega regime in Panama serves as a legal precedent for Trump's regime-change operation in Venezuela. The comparison falls apart when you actually look at the facts. www.brennancenter.org/our-work/ana...
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- Proud to have filed another amicus brief -- alongside @cato.org and law professors @ilyasomin.bsky.social, John Dehn, and Geoffrey Corn -- in the ongoing Alien Enemies Act litigation. The courts have the power to stop Trump's abuse of this wartime law. www.brennancenter.org/our-work/res...
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- The Trump administration said that any Venezuelan immigrant it targets under the Alien Enemies Act "shall be ineligible for any relief or protection from removal" -- including legal protections against deporting people to likely torture or persecution. The AEA must be repealed.
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- John Yoo, in an OLC memo from a month after the September 11 terrorist attacks, explaining when crime becomes war.
- In law school, we definitely were lectured on/assigned case notes that discussed Bickel's Least Dangerous Branch, but I don't think we actually read any excerpts from it -- let alone the whole book. Common experience?
- I've had packages porch pirated in DC... but I also once dropped my phone while biking (fell out of my pocket, probably?), located it through find-my-phone, and recovered it at a CVS where someone had turned it in for safekeeping.
- Question from @slotkin.senate.gov at Senate Armed Services Committee hearing with DOD personnel responsible for kill-or-capture missions
- “Clearly, there’s been too little congressional and public oversight of these military efforts [with partner forces in Africa] to determine whether they are strategic and effective.” theintercept.com/2025/08/05/p...
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- One of the key issues in the Alien Enemies Act litigation is whether the courts can countermand the executive's proclamation of an "invasion" or other military judgments. There is, in fact, caselaw that suggests they can. /1 www.nytimes.com/2025/06/30/u...
- Very cool that our and @cato.org / @ilyasomin.bsky.social's Alien Enemies Act amicus brief was cited favorably by a judge (key contention "has some purchase") at oral argument in the Fifth Circuit. www.brennancenter.org/our-work/cou...
- Reposted by Katherine Yon EbrightI'm deeply proud of my work on this brief. Dozens of Japanese American and other AAPI orgs are urging the courts to remember the lessons of the WWII Japanese American incarceration, and urge them to fulfill their role in our constitutional democracy to check the Trump administration's overreach.
- On behalf of @jacl-national.bsky.social and 60+ organizations, @asianlawcaucus.org, @aaaj-aajc.bsky.social and the Fred T. Korematsu Center for Law and Equality filed an amicus brief asking the court to preserve the essential right to due process and ensure judicial review of executive orders.
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- Excited to finally have this out in the world! Today, @brennancenter.org, with @cato.org and professors @ilyasomin.bsky.social and John Dehn, filed an amicus brief in support of ACLU's case against Trump's invocation of the Alien Enemies Act: www.brennancenter.org/media/14001/... /1
- “Low-skill criminal activities” do not constitute an invasion, predatory incursion, or other act of war.
- New piece on the Alien Enemies Act of 1798 in @theatlantic.com from me and @lizagoitein.bsky.social www.theatlantic.com/ideas/archiv...
- Against my near-certainty that the DC Cir. would stop the judge's order preventing use of the Alien Enemies Act, they said the protections will stay in place. Really excellent opinion from Judge Henderson that gets into the law's history. A win for rule of law.
- Some thoughts on the ongoing Alien Enemies Act oral argument in DC Cir -- Millett says in World War II "Nazis got better treatment under the Alien Enemies Act" than the administration is giving Venezuelan immigrants. The German immigrants were, in fact, given more rights. /1
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