Katherine Yon Ebright
@ebrightyon.bsky.social
Lawyer focusing on constitutional war powers at the Brennan Center for Justice. Views my own.
Pinned
The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
A legal analysis concluding that the political question doctrine does not bar review of Alien Enemies Act invocation
www.justsecurity.org
The courts have the power to rein in the president's invocation of the Alien Enemies Act.
They cannot stand idly by as the president attempts to misuse claims of national security to justify major abuses.
www.justsecurity.org/109330/polit...
They cannot stand idly by as the president attempts to misuse claims of national security to justify major abuses.
www.justsecurity.org/109330/polit...
Reposted by Katherine Yon Ebright
Latest strike in Somalia brings declared count to 92 (confirmed count and is one strike despite plural via query) plus one declared ground op (not counted by AFRICOM as a strike bc not airstrike).
Our tally also includes two alleged strikes this year for 95.
www.africom.mil/pressrelease...
Our tally also includes two alleged strikes this year for 95.
www.africom.mil/pressrelease...
www.africom.mil
November 14, 2025 at 8:46 AM
Latest strike in Somalia brings declared count to 92 (confirmed count and is one strike despite plural via query) plus one declared ground op (not counted by AFRICOM as a strike bc not airstrike).
Our tally also includes two alleged strikes this year for 95.
www.africom.mil/pressrelease...
Our tally also includes two alleged strikes this year for 95.
www.africom.mil/pressrelease...
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...
The courts have the power to stop Trump's abuse of this wartime law.
www.brennancenter.org/our-work/res...
W.M.M. v. Trump
The lawsuit challenges President Trump's invocation of the Alien Enemies Act to deport alleged Venezuelan gang members.
www.brennancenter.org
November 14, 2025 at 1:50 AM
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...
The courts have the power to stop Trump's abuse of this wartime law.
www.brennancenter.org/our-work/res...
Reposted by Katherine Yon Ebright
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.
The AEA must be repealed.
NEW: The Venezuelan nationals the US government sent to El Salvador in March and April were tortured and subjected to other abuses, including sexual violence.
In a new report, HRW and @cristosal.bsky.social provide a comprehensive account of the treatment of these people in El Salvador.
In a new report, HRW and @cristosal.bsky.social provide a comprehensive account of the treatment of these people in El Salvador.
November 12, 2025 at 4:28 PM
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.
The AEA must be repealed.
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.
The AEA must be repealed.
NEW: The Venezuelan nationals the US government sent to El Salvador in March and April were tortured and subjected to other abuses, including sexual violence.
In a new report, HRW and @cristosal.bsky.social provide a comprehensive account of the treatment of these people in El Salvador.
In a new report, HRW and @cristosal.bsky.social provide a comprehensive account of the treatment of these people in El Salvador.
November 12, 2025 at 4:14 PM
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.
The AEA must be repealed.
Reposted by Katherine Yon Ebright
This is a visual angle on the destruction in Gaza that has been mostly missing: what the huge expanse of Gaza City that has received the IDF earthmover treatment actually looks like, not top-down but horizontally. The fully razed area of Shejaiya just stretches on and on—you can’t even see the…
November 6, 2025 at 4:44 PM
This is a visual angle on the destruction in Gaza that has been mostly missing: what the huge expanse of Gaza City that has received the IDF earthmover treatment actually looks like, not top-down but horizontally. The fully razed area of Shejaiya just stretches on and on—you can’t even see the…
John Yoo, in an OLC memo from a month after the September 11 terrorist attacks, explaining when crime becomes war.
October 2, 2025 at 9:27 PM
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?
August 22, 2025 at 3:00 PM
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.
Re DC and crime: I had a bike stolen once, perhaps a porch package stolen. I think that’s it. Far exceeded by the number of times I recovered a wallet or phone or card after carelessly leaving it somewhere.
August 12, 2025 at 5:07 PM
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
August 8, 2025 at 3:20 PM
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...
theintercept.com/2025/08/05/p...
Pentagon: U.S. Counterterrorism Efforts Have Failed Africans
A new Pentagon report sheds light on AFRICOM’s disastrous counterterrorism campaigns.
theintercept.com
August 5, 2025 at 2:06 PM
“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...
theintercept.com/2025/08/05/p...
Reposted by Katherine Yon Ebright
Maybe they should release all extant OLC opinions…
DOJ out here releasing files like tossing gold bars off the Titanic
They are tossing everything overboard right now in order to keep the Epstein yacht afloat
July 22, 2025 at 2:32 AM
Maybe they should release all extant OLC opinions…
Reposted by Katherine Yon Ebright
Another D.C. budget tidbit: @chmnmendelson.bsky.social says he has *not* funded Initiative 83 in his version of the budget that gets a first vote tomorrow. So, for now, the ranked-choice voting and semi-open primaries ballot initiative approved by voters would not be implemented.
July 13, 2025 at 4:23 PM
Another D.C. budget tidbit: @chmnmendelson.bsky.social says he has *not* funded Initiative 83 in his version of the budget that gets a first vote tomorrow. So, for now, the ranked-choice voting and semi-open primaries ballot initiative approved by voters would not be implemented.
Reposted by Katherine Yon Ebright
In this compelling @volokhc.bsky.social guest post, @ebrightyon.bsky.social and Leah Tulin of @brennancenter.org explain why courts should not defer to Trump's invocation of Alien Enemies Act of 1798 as tool for peacetime mass deportation: reason.com/volokh/2025/...
Courts Can Check, and Have Checked, Executives’ Military Judgment
Leah Tulin and Katherine Yon Ebright of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.
reason.com
July 9, 2025 at 9:49 PM
In this compelling @volokhc.bsky.social guest post, @ebrightyon.bsky.social and Leah Tulin of @brennancenter.org explain why courts should not defer to Trump's invocation of Alien Enemies Act of 1798 as tool for peacetime mass deportation: reason.com/volokh/2025/...
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...
There is, in fact, caselaw that suggests they can. /1
www.nytimes.com/2025/06/30/u...
Appeals Court Weighs Trump’s Use of Alien Enemies Act for Deportations
www.nytimes.com
July 1, 2025 at 9:08 PM
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...
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...
www.brennancenter.org/our-work/cou...
Amicus Brief in W.M.M. v. Trump
The lawsuit challenges President Trump's invocation of the Alien Enemies Act to deport alleged Venezuelan gang members.
www.brennancenter.org
June 30, 2025 at 9:09 PM
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...
www.brennancenter.org/our-work/cou...
Reposted by Katherine Yon Ebright
I'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.
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.
June 4, 2025 at 1:40 PM
I'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.
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.
Reposted by Katherine Yon Ebright
Yesterday the @BrennanCenter filed a brief with @CatoInstitute, Prof. @IlyaSomin, and Prof. John Dehn in support of ACLU’s lawsuit challenging President Trump’s invocation of the Alien Enemies Act invocation. 1/6 www.brennancenter.org/our-work/cou...
Amicus Brief in W.M.M. v. Trump
The Brennan Center, along with co-counsel Patterson Belknap Webb & Tyler LLP and Ilya Somin, filed an amicus brief in a case challenging President Trump’s invocation of the Alien Enemies Act. The brie...
www.brennancenter.org
June 3, 2025 at 2:08 PM
Yesterday the @BrennanCenter filed a brief with @CatoInstitute, Prof. @IlyaSomin, and Prof. John Dehn in support of ACLU’s lawsuit challenging President Trump’s invocation of the Alien Enemies Act invocation. 1/6 www.brennancenter.org/our-work/cou...
Reposted by Katherine Yon Ebright
The Brennan Center filed a brief challenging President Trump's use of the Alien Enemies Act.
June 3, 2025 at 12:43 PM
The Brennan Center filed a brief challenging President Trump's use of the Alien Enemies Act.
Reposted by Katherine Yon Ebright
The Brennan Center and @cato.org filed a brief in support of the @aclu.org ’s challenge to the administration’s use of the Alien Enemies Act to detain and deport Venezuelans. The president exceeded the limits of his powers by invoking a wartime law to conduct peacetime immigration enforcement.
June 2, 2025 at 10:35 PM
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
www.brennancenter.org/media/14001/... /1
www.brennancenter.org
June 2, 2025 at 9:58 PM
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
www.brennancenter.org/media/14001/... /1
“Low-skill criminal activities” do not constitute an invasion, predatory incursion, or other act of war.
May 6, 2025 at 2:34 PM
“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...
www.theatlantic.com/ideas/archiv...
Trump Is Attempting to Use Wartime Powers in the United States
To serve his deportation agenda, the president is warping an archaic, discredited law.
www.theatlantic.com
April 24, 2025 at 1:52 PM
New piece on the Alien Enemies Act of 1798 in @theatlantic.com from me and @lizagoitein.bsky.social
www.theatlantic.com/ideas/archiv...
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.
Really excellent opinion from Judge Henderson that gets into the law's history. A win for rule of law.
March 27, 2025 at 6:52 AM
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.
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
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
March 24, 2025 at 6:07 PM
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
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
Reposted by Katherine Yon Ebright
History is never just in the past. Read this by @isabelaalhadeff.bsky.social.
www.motherjones.com/politics/202...
www.motherjones.com/politics/202...
The US used the Alien Enemies Act to detain their families. Now, they are watching history repeat.
The statute justified the imprisonment in World War II of thousands like Heidi Gurcke Donald. She is horrified as Trump invokes it for mass deportation.
www.motherjones.com
March 19, 2025 at 6:58 PM
History is never just in the past. Read this by @isabelaalhadeff.bsky.social.
www.motherjones.com/politics/202...
www.motherjones.com/politics/202...