The Supreme Court will hear argument on those issues May 15. At the administration’s request; they want the various nationwide injunctions against enforcement of Trump’s EO lifted.
The fact that the court said they’d hear this must mean they’re prepared to issue an opinion on it; otherwise they coulda waited until some foreign spawn born after Feb 6 (which is when the EO took effect) brought a case via guardian ad litem.
So, they could just dispose of the nationwide injunction issue, and let the birthright issue wait till they get that kinda case.
In one way I kinda think the nationwide injunction issue is simple. Fed courts can issue ‘em, but if a state not within that court’s enforcement power, I.e., “jurisdiction” , and it doesn’t abide by the order, what can that court do to the violators? When a court sitting in equity has brought certain persons or entities within its jurisdiction, either territorially or by personal service upon them, made them “parties”then it can order contempt sanctions like fines or imprisonment. But if not—not.
But I think any federal court construing purely federal law, such as the U.S. Constitution is free to OPINE as to the legality of actions impinging on that federal legislation. Thats what they’re there for.
And if it does, then its opinion, although not binding on other federal (or state) courts, may be found to have persuasive value when the same issue comes before those other courts.
When a split develops among the lower federal courts, that’s usually a trigger for SCOTUS to take up the issue.
Maybe SCOTUS will just point out these truisms about the equitable powers of courts, and leave the real meat: can the traditional construction put upon the 14th Amendment concerning persons born on our soil be abrogated—for another day. I really wouldn’t be surprised.
OTOH maybe it’s ready to,pronounce on that issue, to say, whether or not these lower fed courts had power to enjoin, we conclude their opinions were correct. So don’t bother bringing the issue here.
It’s almost impossible to imagine them disregarding the procedural issues re nationwide injunctions, and saying simply that the legal conclusion underlying the injunctive orders were WRONG. Hope springs eternal, as people often say, but we never hear Pope’s entire couplet quoted:
“Hope springs eternal in the human breast:
Man never IS, but always TO BE, blest.”
Yep. It appears likely they will indeed continue to fiddle with strict legal niceties, precedents, inter alia, as the entire structure supporting their ivory tower rots the rest of the way out and collapses from beneath them. Unless their writ runs to the force of gravity, perhaps their wisdom extends to fashioning parachutes from their black silk robes. If they fail to act definitively, they will surely need them to slow their arrival at the the Earth’s crust.
As should be obvious by now with all the bloblings chanting “due process” the real point of the legal system is to mobilize BLOB* to do things like assassinate its targets. Fine points like which district court we’re talking about utterly escape the bloblings who are desperately seeking any way to stop thinking about what has been done to them by BLOB hence what they are doing to humanity not yet assimilated.
I am curious about all the noise about “due process”. Felix Frankfurter defined it as “the process the person is due”. In the case of illegals, it is clear that the constitution gives Congress the power to formulate law about naturalization and immigration (Constitution, Article 1, section 8.4). Congress has seen fit to write the Alien Registration Act of 1940, and something like the Alien Responsibility Act of somewhere in the 1990’s. These give the Administration the power to simply deport alien undesireables without trial or other legal trappings. Lawyer from the Left seem simply pissed they have been cut out of billable hours over these generally well received actions of the Administration, saving taxpayers significant useless expense that can only. end in the same result.
Oh, Dev, “due process” is so…last week! We’re on to habeas corpus now.
See, the pudgy and pugilistic alien bozo who is now entertaining the Dem members of Congress in El Salvador has already HAD “due process”. There was an administrative proceeding of which he had notice and at which he had opportunity to be heard. (Notice and opportunity to be heard are the fundamentals of due process.). And he lost his bid to stay.
And he flouted the order to get out.
But then he was “detained”. And anybody who is detained has a right to employ the Great Writ—habeas corpus—in order to challenge the detention. It doesn’t matter whether you’ve already been found guilty.
And that’s what the ACLU was arguing which resulted in the Supreme Court ‘s order this morning, staying any further deportations under the Alien Enemies Act.
When this alien enemies act stuff started I was arguing against it and some folks probably thought I was a lefty or something. On the contrary I think the president obviously has an obligation to deport everyone on US soil that did not follow due process. Due process in this regard does not include any weasley interpretation of the 14th amendment someone came up with during the great betrayal of the consent of the governed over the last 60 years.
If only citizens were granted the level of privileges routinely afforded to invaders. If only “asylum” laws were meaningful and enforced. If only the public were consulted in border and immigration policies. The elites in the dem party and deep state have created an obvious invasion. The general public is too smitten with bread & circuses and the ginned-up crisis du jour to notice, much less object in a meaningful way, even as they are mulcted for “benefits” given the illegals. Pitiful. Talk about ‘Unsustainable”.
Appearances can be deceiving. While it is true that the 100k lives lost each year to the Fentanyl epidemic is only the tip of the iceberg with regards to dulling the torment visited upon The Moral Animal by BLOB, it is also true that this Great Turning Away conceals a Pluton. The evidence is all around us in the fissures that are opening up.
So…that sounds like a positive spin?
I’m going to take this moment to vent about Fent (anyl).
So stop eating the stuff, America!!!
At first I couldn’t understand about fentanyl “addiction”, I mean if a teensy bit can kill you, you wouldn’t have a chance to become an addict, right?
Then I read but oh, they lace other drugs (other illegal drugs), with it, so the people who are breaking the law by buying, selling and then ingesting those more wholesome, old-fashioned illegal drugs don’t know what they’re getting into.
As an anthropologist I know people have always altered their states of consciousness, they’ll do anything to accomplish it, even to putting hooks in their flesh and having them selves hung up by those hooks! (which is making a comeback, btw). But, we do have a very powerful, universally available, cheap, and legal intoxicant in alcohol. I haven’t heard that anybody puts fentanyl into booze.
And then there are all the legal but prescription- only drugs. Their ubiquity is deplorable, but again, if you get them by prescription, I haven’t heard that those are contaminated with fentanyl.
So doesn’t it come down to: we have to break Americans of the idea that it’s somehow—i
I don’t know—okay? Often winked at? Not dangerous but merely a recreational lark? to ingest drugs not legally bought in a bottle or obtained over a pharmacy counter?
Obviously Americans do NOT get that. Or if they do get it, then those 100K fentanyl deaths are actually suicides.
At “therapeutic” doses, fentanyl gives a great high. The problem with it is that the correct dose is 50 - 100 micrograms. All the other abused drugs are measured in milligrams - 1000 X more by weight. So, it’s not that fentanyl is a worse drug - it’s just more potent by weight. Try, sometime to weigh something to the nearest couple of micrograms.
I tend to write long essays. I know (I blame law school). I have not posted “A Theory of Addiction”, because it is way too long. If you’re interested, let me know and I’ll email you a copy…
Thank you all. In light of replies, I will edit it again for appropriateness for posting. It will take a few days, but I will do it. My publication “hesitancy”, I suppose isn’t completely rational, given that eschewing another civil westman long post is trivially easy.
