Source: The Volokh Conspiracy
by Katherine Yon Ebright & Leah Tulin
“Common sense, of course, tells us that the nation is not being invaded by Venezuela and that gang violence, while a serious issue, is not war. Moreover, top administration officials, ranging from the CIA Director to the Chairman of the Joint Chiefs, have repeatedly told Congress the same thing. No matter. In the Fifth Circuit, the government is arguing that the courts ‘must defer’ to the president’s proclamation, even if they disagree that an invasion or predatory incursion is underway. These matters, the government contends, are so heavily infused with political judgment that the courts are powerless to intervene. … Petitioners’ counsel, Lee Gelernt of the ACLU, rightly responded that the Supreme Court has repeatedly and specifically said that the judiciary may evaluate whether the Alien Enemies Act is properly invoked.” (07/09/25)
https://reason.com/volokh/2025/07/09/courts-can-check-and-have-checked-executives-military-judgment/