Strict Scrutiny Ketanji Brown Jackson Sounds the Alarm
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Jun 23, 2025 
In a compelling discussion, Steve Vladeck, a Georgetown Law professor and Substack author, Mike Sacks, a former legal journalist and congressional candidate, and Bec Ingber, a legal scholar and ex-counselor on international law, delve into pressing legal issues. They tackle the implications of military intervention and the War Powers Resolution, dissect recent Supreme Court decisions, and highlight Justice Ketanji Brown Jackson's vision for the court's future. Their insights on corporate influence and the erosion of judicial integrity shed light on today's legal landscape.
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War Powers and Legal Limits
- The War Powers Resolution aims to rebalance war powers, limiting president's unilateral military actions to specific narrow contexts.
- International law permits force primarily in self-defense or Security Council authorization, complicating justification of recent strikes.
AUMFs Don't Cover Iran Strike
- The 2001 and 2002 Authorizations for Use of Military Force do not authorize attacks on Iran.
- The president has not checked both domestic and international legal boxes to justify recent strikes.
Escalation of Executive Military Power
- Recent executive military strikes against another state without congressional authorization mark a historic escalation.
- Lack of internal legal guardrails and Congress’s disengagement are alarming for democratic checks and balances.
