Katherine Yon Ebright

@ebrightyon.bsky.social

Lawyer focusing on constitutional war powers at the Brennan Center for Justice. Views my own.

For those surprised by this, worth noting that the only years since 1997 when the US *hasn't* bombed targets in Iraq were 2012, 2013, and 2022 (and there are some indications there may have been unannounced strikes in 2022). At least monthly strikes through July 2021; strikes on at least...

Wesley Morgan@wesleymorgan.bsky.social · last wk.

It's been a few days since the US bombed Iran, but it struck multiple Shiite militia targets in Iraq yesterday. DOD has stopped announcing strike numbers, but the militias say the strikes spanned *7 provinces.* That would mean the widest-ranging US strikes in Iraq since at least 2020.

New from me on the Monroe Doctrine and constitutional war powers. Many thanks to @lawfaremedia.org for letting me walk readers through a century of war powers practice under the doctrine--practice that reveals + reinforces real constraints on presidential power. www.lawfaremedia.org/article/the-...

The Monroe Doctrine Was Never a Blank Check for Presidential War

Trump’s “Donroe Doctrine” in Latin America inverts a policy that, properly understood, abided by and reinforced constraints on unilateral presidential force.

lawfaremedia.org

Noteworthy that this identifies War Powers Resolution "hostilities" reports submitted on June 12 and June 29. The White House did not publish these reports, but they constitute formal acknowledgement that War Powers Resolution hostilities continued throughout the so-called "ceasefire" period.

Tess Bridgeman@tessbridgeman.bsky.social · 3w ago

1/The #Trump admin will claim this report to Congress starts a new 60-day clock for terminating hostilities w/ #Iran under the War Powers Resolution. But let's be clear: This new round of attacks is part of the same hostilities that began in late Feb. We're over 130 days already... & counting.

In case you’re wondering, JSOC’s current generals/admirals who reportedly were pushing this are: commander Lt. Gen. Jon Braga (Delta alum), deputy commander Brig. Gen. Terence Taylor (AFSOC MC-130 guy), and assistant commander Rear Adm. Bart Randall (SEAL, but without a ton of Team 6 time).

Good @thehighside.bsky.social report on the “HEU raid” bandied about on TV this spring as if it would be a quick, easy thing. Key: JSOC has trained for versions of this for years—but *not* for a version where the target facilities have been pulverized first. Yet JSOC generals still pushed for it.

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Jack Murphy@jackmurphyrgr.bsky.social · last mo.

New High Side article out today about the JSOC 0400 counter-WMD mission, and the proposed plan to snatch highly enriched Uranium out of Iran. thehighside.substack.com/p/iran-wmd-r...

Your daily dispatch from the War Powers Resolution's legislative history -- a quote from Lincoln, a rumination on our constitutional structure and the historical gloss on that structure, and Congress's own views on the concurrent resolution mechanism.

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On war powers, executive-branch lawyers simply ignore when Congress pushes back and write their memoranda as if the pushback never happened. The problem here is that the Court has absented itself from war powers conversations, refusing to check increasingly dubious "legal" interpretations.

Josh Chafetz@joshchafetz.bsky.social · last mo.

I will once again remind folks that a very sizable chunk of what looks like Congress not doing anything to push back against the president is in fact a consequence of the Court disabling/destroying all the ways Congress has tried to push back.

Notable too that Thomas cites the Alien Enemies Act -- a law used for internment during WWII -- as a positive immigration precedent. Setting aside the horrors of internment, the Alien Enemies Act is not an exercise of Congress's plenary power over immigration as opposed to *the literal war power.*

Bill@bill-of-lefts.bsky.social · last mo.

bleak stuff. Thomas heavily implies (in a concurrence) that congress can openly ban immigrants because of their race

Had a moment this AM to share some wisdom on the absurdity of clerkship hiring -- recounted an interview in which (1) the judge asked me a question from Thinking, Fast and Slow; (2) I got it right; and (3) he then accused me of lying about never having heard the question before.

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Before I became an American, I was Lebanese. Parts of my family live in Lebanon. Anyway, you don't need those bona fides to feel this way, but what is happening in Lebanon right now is a complete outrage. The people there, who mostly are just trying to carve out a living, don't deserve this.

Opponents of reforming FISA Section 702 cite a government statistic showing “only” a few thousand warrantless searches of Americans’ communications in 2024-25. In @justsecurity.org, @hannahajames.bsky.social & I discuss the truth behind that misleading statistic. www.justsecurity.org/135283/truth...

The Truth Behind Section 702 Query Statistics

Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

justsecurity.org