What the Supremes in effect told tRump to do was run all the deportations out of the 5th CA jurisdiction in order to ensure that a right-wing judicial majority will oversee AEA disappearing of immigrants, and where habeas claims will have a less than sympathetic hearing. Oh, sure, give them a hearing, but don't mention the AEA as the primary vehicle for deportation orders.
How disgracefully cynical a ploy, and here's CJ Roberts again siding with tRump, anything to stop his attacks on the US federal court system.
Evoking habeas corpus and due process is all fine and good, but do note that the Writ of Habeas Corpus within the Suspension Clause does allow bypassing a habeas process in that: "The federal government may not suspend this privilege except in extraordinary circumstances: when a rebellion or invasion occurs and the public safety requires it."
Recall that tRump cited use of the AEA for disappearing all those Venzuelan immigrants because of "a foreign invasion", and one cannot rule out the possibility of an enterprising lower federal court tossing out a habeas petition on grounds of "Suspension Clause extraordinary circumstances"...anything can happen now, given SCOTUS tolerance of tRump's expansion of Executive power.
We should all pray to whatever gods we worship that Humphreys Executor is never overturned. It's the only ruling that impedes the Executive to reducing the independent agencies to lackeys. Trump's invocation of the Aliens act is facially absurd and it's horrifying the Roberts court didn't find it so. Hurrah for ACB. She's conservative, but she reminds one a little of Felix Frankfurter who became a great force for good.
What I’m sussing is that the Roberts court just answered the big question: Are they going to be a bulwark against the administration’s serial noncompliance with court orders. The answer’s pretty much not to any extent that matters. Of course, it’s not like the Roberts court ever was all in with rule of law thing…
What the Supremes in effect told tRump to do was run all the deportations out of the 5th CA jurisdiction in order to ensure that a right-wing judicial majority will oversee AEA disappearing of immigrants, and where habeas claims will have a less than sympathetic hearing. Oh, sure, give them a hearing, but don't mention the AEA as the primary vehicle for deportation orders.
How disgracefully cynical a ploy, and here's CJ Roberts again siding with tRump, anything to stop his attacks on the US federal court system.
Evoking habeas corpus and due process is all fine and good, but do note that the Writ of Habeas Corpus within the Suspension Clause does allow bypassing a habeas process in that: "The federal government may not suspend this privilege except in extraordinary circumstances: when a rebellion or invasion occurs and the public safety requires it."
Recall that tRump cited use of the AEA for disappearing all those Venzuelan immigrants because of "a foreign invasion", and one cannot rule out the possibility of an enterprising lower federal court tossing out a habeas petition on grounds of "Suspension Clause extraordinary circumstances"...anything can happen now, given SCOTUS tolerance of tRump's expansion of Executive power.
We should all pray to whatever gods we worship that Humphreys Executor is never overturned. It's the only ruling that impedes the Executive to reducing the independent agencies to lackeys. Trump's invocation of the Aliens act is facially absurd and it's horrifying the Roberts court didn't find it so. Hurrah for ACB. She's conservative, but she reminds one a little of Felix Frankfurter who became a great force for good.
What I’m sussing is that the Roberts court just answered the big question: Are they going to be a bulwark against the administration’s serial noncompliance with court orders. The answer’s pretty much not to any extent that matters. Of course, it’s not like the Roberts court ever was all in with rule of law thing…
Actually, the five hard- core are edging toward a view that "the law" is in effect what tRump says it is, end of.
Still, the Robert’s court was doing that lawless thing long before Donny.
I can only be grateful that the four female Justices came out on the side of humanity & the law. Sadly, the are just voices crying in the wilderness.
Thank you David Kurtz, although my despair is growing everyday
I really enjoyed that essay on temporary obsessions. At age 74 I have been through a few. Presently it is the ukulele.