Explore the "war" between the judiciary and the executive over President Trump's invocation of the 1798 Alien Enemies Act.
As the Executive and Judiciary are in a battle for supremacy over deportation of Venezuelan gang members under the President’s Executive Order declaring an invasion, we look at everything you need to know about the Alien Enemies Act. How limited is judicial review of Presidential proclamations under the law? What is an invasion? Can it be vested solely in the Executive’s determination, or do courts get to analyze it too?
In this fascinating latest installment of the Curious Lawyer series, host Peter Afrasiabi takes you through the 1798 Act and the three major times that presidents have used it.
From Supreme Court cases in World War II, to federal cases in World War I, to cases after the War of 1812 — and then forward to litigation today in 2025 in the D.C. Circuit, Texas district courts, and the Supreme Court — this program examines the statute, case law, judicial review limits, and the political question doctrine. All of these intersect to give you a full overview of the law as it relates to our modern constitutional battles.
No politics, no spin — this program looks at the arguments on each side of whether the law’s provisions for presidential power to quell invasions can be used. And we look at the level of process required, and judicial orders to the Executive to return airplanes in the air.
Legal Technology & Education
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Founding Partner at One, LLP
Peter Afrasiabi is a founding partner at One LLP and focuses his practice on copyright, patent, trademark, and entertainment litigation. In addition, Peter is a professor and the Director of the Appellate Clinic at the University of California, Irvine School of Law. Peter graduated from the University of California, Los Angeles and the University of Southern California Gould School of Law.
