SCOTUS rules 7-2 to stop the Trump administration from deporting a class of Venezuelans under the Alien Enemies Act

[Anti Federalist]

 

[TheTexan]

Seems the ruling is that 24 hours isnt enough notice.

They need more time to do what? They're in detention facilities. Send them back!

 

[nikcers]

I saw a few reports on this and they said it's paused while they litigate the case in the lower courts.

The lower courts are going to litigate that case and then they will tell executive branch that it's unpaused.

They might tell the executive branch that they need to give them some kind of legal process that makes it ok.

 

[Swordsmyth]

Great job picking those 3 justices last time Trump, just great, the greatest even.


Roll out the Martial Law already.
The losing will not end until the rulebook is thrown out and pieces are removed from the board.
I’m not tired of winning, but I’m getting really tired of losing.
The AEA even specifies that it is not subject to judicial review.
SCOTUS is in a state of insurrection.

 

[TheTexan]

Great job picking those 3 justices last time Trump, just great, the greatest even.


Roll out the Martial Law already.
The losing will not end until the rulebook is thrown out and pieces are removed from the board.
I’m not tired of winning, but I’m getting really tired of losing.
The AEA even specifies that it is not subject to judicial review.
SCOTUS is in a state of insurrection.

Whatever is necessary, needs to be done, and anything short of that, will not be sufficient.

Whatever it takes

 

[CCTelander]

Great job picking those 3 justices last time Trump, just great, the greatest even.


Roll out the Martial Law already.
The losing will not end until the rulebook is thrown out and pieces are removed from the board.
I’m not tired of winning, but I’m getting really tired of losing.
The AEA even specifies that it is not subject to judicial review.
SCOTUS is in a state of insurrection.

Whatever is necessary, needs to be done, and anything short of that, will not be sufficient.

Whatever it takes

.

Said every tyrant… ever.

Carry on.

 

[Anti Federalist]

 

[Voluntarist]

From first arrest to its ruling, it took the Supreme Court over 30,000 hours to provide relief to January 6th defendants persecuted by Biden.From habeas petition to its ruling, it took the Supreme Court only about 24 hours to provide relief to Tren de Aragua foreign terrorists.

Kind of underlines the importance of Habeas within the judicial context, doesn't it? Without Habeas, there is no check against executive power over the individual, and you're subject to the whims of a tyrant.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Had Biden attempted to declare that January 6th constituted a case of rebellion (in the same fashion that Trump evidently is attempting to declare illegal immigration to be a case of invasion), and then denied habeas to the J6 defendants, I'm fairly certain that the Supreme Court would have acted just as quickly.

 

[Anti Federalist]

Kind of underlines the importance of Habeas within the judicial context, doesn't it? Without Habeas, there is no check against executive power over the individual, and you're subject to the whims of a tyrant.


Had Biden attempted to declare that January 6th constituted a case of rebellion (in the same fashion that Trump evidently is attempting to declare illegal immigration to be a case of invasion), and then denied habeas to the J6 defendants, I'm fairly certain that the Supreme Court would have acted just as quickly.

Never mind all that...what is the solution?

J6ers were American citizens.

Deportees are foreign invaders.

I'm willing to say enough due process should be in place so that no US citizen gets caught up.

I'm also willing to say that transport to a foreign jail should cease.

 

[nikcers]

Kind of underlines the importance of Habeas within the judicial context, doesn't it? Without Habeas, there is no check against executive power over the individual, and you're subject to the whims of a tyrant.


Had Biden attempted to declare that January 6th constituted a case of rebellion (in the same fashion that Trump evidently is attempting to declare illegal immigration to be a case of invasion), and then denied habeas to the J6 defendants, I'm fairly certain that the Supreme Court would have acted just as quickly.

Of course there are checks against executive power.

What there shouldn't be is a check against the president's foreign policy by the judicial branch.

This is by design the president's sole authority.

We have really complicated election cycles that are expensive and democratic that involve all 50 states to screen out bad actors to choose the executive.

The president is the only office that represents all 50 states.

The idea that 9 unelected judges or even 1000 federal judges can cancel out the president's foreign policy is unconstitutional.

 

[nikcers]

Never mind all that...what is the solution?

J6ers were American citizens.

Deportees are foreign invaders.

I'm willing to say enough due process should be in place so that no US citizen gets caught up.

I'm also willing to say that transport to a foreign jail should cease.

I dont know what solutions you will find on the internet to fix a tyrannical supreme court.

We tried elections and to nominate "originalist" judges that would obey the constitutional limits of the judicial branch.

"the constitution has divided the powers of government into three branches [and] has declared that the executive powers shall be vested in the president, submitting only special articles of it to a negative by the senate. Due to this structure, Jefferson continued, "the transaction of business with foreign nations is executive altogether;"

-Thomas Jefferson

 

[Anti Globalist]

Seems the ruling is that 24 hours isnt enough notice.

They need more time to do what? They're in detention facilities. Send them back!

More time to break them out of the detention facilities.

 

[nikcers]

This ruling suggests a subtle but significant unconstitutional regime change in the structure of our federal government.

Specifically the judicial branch has taken it upon themselves to do foreign policy.

Historian H.W Brands has written that historically governments get changed through migration without a shot being fired.

"Migration can reconfigure governments even short of war. After the Syrian civil war of the 2010s sent waves of refugees west, the ripple effect across the European Union amplified dissatisfaction in Britain with EU policies. A 2016 referendum produced a decision to depart the EU, with Brexiteers commonly identifying immigration as the decisive issue behind their leave votes."

Migration and war

Paired forever

hwbrands.substack.com

 

[Anti Federalist]

 

[Voluntarist]

Never mind all that...what is the solution?

J6ers were American citizens.
Deportees are foreign invaders.
I'm willing to say enough due process should be in place so that no US citizen gets caught up.
I'm also willing to say that transport to a foreign jail should cease.

I don't have an issue with peaceful people coming to the US looking for better opportunities for themselves and their families. If they commit crimes against other individuals, then the solution to that is to prosecute them under the law giving them the due process they're entitled to (which every court has ruled they have).

The vast majority of these migrants are coming here for opportunities for a better life. I don't see that as a problem that requires a solution. But let me put a different hat on, and pretend that I do see that as a problem. Would I go prosecuting hundreds of thousand of individual cases against migrants who are illegally working here? No, I wouldn't. Instead I'd shut down the supply of jobs that is attracting that migrant work force. By that I mean that employers who employ people that are not authorized to work ought to be prosecuted. But I don't see how you can do that without some type of national identity system that every worker must be enrolled in to work in the US.

This is from 2019: How Many Employers Have Been Prosecuted for Employing Illegals?

While more than 112,000 people were prosecuted for illegal entry or re-entry into the U.S. over the past year, just 11 employers faced criminal charges for hiring undocumented workers, according to an analysis of government data obtained under the Freedom of Information Act by the Transactional Records Access Clearinghouse at Syracuse University.

“The latest available data show that during the last 12 months (April 2018 to March 2019) only 11 individuals (and no companies) were prosecuted in just seven cases,” TRAC said in a statement releasing the findings. “Not only are few employers prosecuted, fewer who are convicted receive sentences that amount to more than token punishment.”

These results are based upon case-by-case data obtained from the Justice Department as a result of litigation brought by TRAC under the Freedom of Information Act.

Additionally, of the 11 people convicted during the 12-month period, only three served prison time despite, as the New York Times reports, Immigration and Customs Enforcement’s stated mission: “ICE’s worksite-enforcement strategy focuses on the criminal prosecution of employers who knowingly hire illegal workers.”

Given the millions of undocumented immigrants now working in this country, the TRAC statement continues, the odds of being criminally prosecuted for employing undocumented workers appears to be “exceedingly” remote.

“Indeed, since criminal penalties for employers were first enacted by Congress in 1986, few employers have ever been prosecuted under these provisions,” according to TRAC. “Prosecutions have rarely climbed above 15 annually, and have never exceeded 20 individuals a year, except during 2005 under President Bush and when they reached 25 in the first year of the Obama administration.”

If you prosecute the employers, the jobs which employ unauthorized workers will dry up, and the flow of migrants will also. So why aren't employers prosecuted? I guess because many are politically connected - and going after them doesn't rile up the racists in the political base as much as going after brown migrants. You've heard about what went on in Nashville this week, right? Do you suppose ICE will be going after Steve Smith or Kid Rock?

Kitchens Close to Avoid ICE at Steve Smith’s Broadway Bars

Downtown kitchens shuttered over the weekend to avoid immigration agents in at least three locations owned by conservative restaurateur Steve Smith.

Smith, the wealthy owner of Broadway establishments including Tootsie’s Orchid Lounge and Rippy’s, has been a public conservative presence in Nashville, notably mounting local opposition to COVID-related restrictions on public gatherings. He's also a Trump supporter and donor. Recent panic at his restaurants indicates that his own Broadway empire — and the wealth it has generated — relies directly on employing immigrants not authorized to work in the United States.

 

[Anti Federalist]

I don't have an issue with peaceful people coming to the US looking for better opportunities for themselves and their families. If they commit crimes against other individuals, then the solution to that is to prosecute them under the law giving them the due process they're entitled to (which every court has ruled they have).

How many peaceful people?

Is there any number that would be enough for you to say, "Ok, enough. There are now so many of you, the US has changed into something totally different than what you came here for"?

 

[nikcers]

I don't have an issue with peaceful people coming to the US looking for better opportunities for themselves and their families. If they commit crimes against other individuals, then the solution to that is to prosecute them under the law giving them the due process they're entitled to (which every court has ruled they have).

The vast majority of these migrants are coming here for opportunities for a better life. I don't see that as a problem that requires a solution. But let me put a different hat on, and pretend that I do see that as a problem. Would I go prosecuting hundreds of thousand of individual cases against migrants who are illegally working here? No, I wouldn't. Instead I'd shut down the supply of jobs that is attracting that migrant work force. By that I mean that employers who employ people that are not authorized to work ought to be prosecuted. But I don't see how you can do that without some type of national identity system that every worker must be enrolled in to work in the US.

This is from 2019: How Many Employers Have Been Prosecuted for Employing Illegals?


If you prosecute the employers, the jobs which employ unauthorized workers will dry up, and the flow of migrants will also. So why aren't employers prosecuted? I guess because many are politically connected - and going after them doesn't rile up the political base as much as going after migrants. You've heard about what went on in Nashville this week, right? Do you suppose ICE will be going after Steve Smith or Kid Rock?

Kitchens Close to Avoid ICE at Steve Smith’s Broadway Bars

Unlimited pie economists will tell you that Unlimited immigration will just create Unlimited pie.

A Nobel prize winning economist who coined the phrase there is no such thing as a free lunch said that unlimited migration in America post 1914 would eventually make everyone in America equally poor.

 

[Anti Federalist]

 

[TheTexan]

.

Said every tyrant… ever.

Carry on.

 

[TheTexan]

If tyranny of us is required to fix tyranny of them then fuck yea bring on the tyranny of us.

I don't even fucking care just get it done

If it makes me a tyrant then I'm a tyrant. If it makes me a racist I'm a racist.

As long as it makes me an American I'm good with it