Earlier this week the US Court of Appeals for the Fifth Circuit decided to grant an en banc rehearing in W.M.M. The AEA can only be used to detain and deport immigrants when one of these extraordinary conditions, or a threat thereof, exists.The case will now be reheard by all 17 active Fifth Circuit judges. Under the Constitution, in the event of "invasion" state governments can "engage in war" even without congressional authorization. Such vast unilateral authority goes against the text and original meaning of both the Constitution and the Alien Enemies Act. We will likely file an updated version of our amicus brief before the en banc Fifth Circuit.