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#constitution

60 posts22 participants8 posts today
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Nonilex

The #Trump admin had asked #SCOTUS to intervene & lift a block on the #deportations imposed by a lower court. But a brief filed on behalf of the #immigrants by the #ACLU & #DemocracyForward said that block is now “the only thing” preventing the Trump admin from sending immigrants “to a prison in #ElSalvador, perhaps never to be seen again, without any kind of procedural protection, much less judicial review.”

supremecourt.gov/DocketPDF/24/

#law#immigration#AlienEnemiesAct
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Nonilex

Federal Judge Araceli Martinez-Olguin ordered the #Trump admin to restore funds for programs that provides legal services to unaccompanied minors in #immigration proceedings.

“Terminating funding for direct #LegalRepresentation for unaccompanied #children, without any plan to ensure continuity in representation, potentially violates Congress's express directive….”

#law #TheCrueltyIsThePoint #Constitution #RightToCounsel #6thAmendment #CivilRights #HumanRights
storage.courtlistener.com/reca

Highlighted portions read: “Plaintiffs raise serious questions going to the merits. In particular, the TVPRA requires that the government ‘shall ensure, to the greatest extent practicable,’ that all unaccompanied children receive legal ‘counsel to represent them in legal proceedings’ and to ‘protect them from mistreatment, exploitation, and trafficking.’” “Plaintiffs have also shown that they are likely to suffer irreparable harm in the absence of preliminary relief. Defendants' termination of funding has impacted Plaintiffs, forcing them to issue layoff notices and threatening to require them to dismiss their highly-specialized and seasoned attorneys.” “Terminating funding for direct legal representation for unaccompanied children, without any plan to ensure continuity in representation, potentially violates Congress's express directive in the TVRPA and ORR's own commitments in the Foundational Rule. Moreover, courts regularly find that ‘[there is generally no public interest in the perpetuation of unlawful agency action.’”
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Nonilex

The decision by US Dist Judge Michael Farbiarz in Newark, NJ, means any appeals in the #Palestinian #activist's case will be heard by the 3rd Circuit Court of Appeals, which has a 6-6 split between active judges appointed by Republican & Democratic presidents, instead of the #5thCircuit, the country's most #conservative appeals court.

#MahmoudKhalil
#immigration #law #ColumbiaUniversity #Constitution #FreeSpeech #FreedomOfAssembly #RightToProtest #CivilRights #DueProcess #Trump #AbuseOfPower

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Nonilex

Amazingly Sen #CoryBooker is still awake & will be interviewed on The #RachelMaddow Show which starts at 9PM ET.

"I don't want a Disney vacation of our #history! I don't a #whitewashed history, I don't want a homogenized history. Tell me the wretched #truth about #America, because that speaks to our greatness" - Sen Cory Booker

#TRMS
#resist #Trump #money #power #AbuseOfPower #autocracy #tyranny #TrumpCoup 
#democracy #law #USpol #Senate #Constitution #CivilRights #MoralMoment #GoodTrouble

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Manny Dexter

@nullagent

I want to see them *prove* it was #Luigi.

I'm #blind, but my kid that served in the #Army says Luigi does *not* look like the man in the #video. I've also seen people #online saying that.

I have a #jury summons for later this week. I've been an alternate in the past.I was also part of a pool that couldn't seat a jury. That time, it was a #criminal case, and the defense attorney said something that I will always remember.

The gis is that when a defendant gets off on a technicality, that is a euphemism for the prosecution not being able to make the case without violating the defendant's #rights.

That's really important. The #Constitution is not a technicality. It is what protects us from #Government overreach.

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William Lindsey :toad:

"A president who talks openly about going for a third term, who signs executive orders which contradict his country’s constitution, who got a rigged supreme court to grant him immunity, who ignores court orders, who has his underlings hand out massive million dollar cheques to people to induce them to vote, even though it is explicitly against state law. To watch the United States is to watch the law dissolve into authoritarian government."

#Trump #authoritarianism #Constitution #LawandOrder
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Bob K Mertz :distressedUS:

I'm tired of legal experts constantly saying that Trump can't do something. When you don't have enforcement of laws the laws don't exactly mean anything. The fact that he is talking about a third term this early ensures that he has nearly 4 years to warm his base up on the idea.

wtae.com/article/trump-says-he

WTAE · Trump says he's 'not joking' about serving a third termPresident Donald Trump has expressed interest in serving a third term despite the constitutional two-term limit.
#USpol#constitution#trump
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Nonilex

#Trump admin: “But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia.”

They are arguing they don’t have jdx because he’s in El Salvador. He’s in El Salvador because they *mistakenly* sent him there. And the US govt is PAYING #ElSalvador to hold him in the detention center there.

This makes absolutely no sense.

But there is no jurisdiction in habeas. Plaintiffs admit—as they must—that the United States does not have custody over Abrego Garcia. They acknowledge that there may be “difficult questions of redressability” in this case, reflecting their recognition that Defendants do not have “the power to produce” Abrego Garcia from CECOT in El Salvador. Mem. Supp. TRO Mot. 2. But even more, they concede that Abrego Garcia is not in Defendants’ custody. Id. (asking the Court to order Defendants to “request that the government of El Salvador return Plaintiff to Defendants’ custody”). Despite their allegations of continued payment for Abrego Garcia’s detention, Plaintiffs do not argue that the United States can exercise its will over a foreign sovereign. The most they ask for is a court order that the United States entreat—or even cajole—a close ally in its fight against transnational cartels. This is not “custody” to which the great writ may run. This Court therefore lacks jurisdiction.
#law#AlienEnemiesAct#USpol
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Nonilex

The #immigration judge had declared that Abrego Garcia was "more likely than not" to face persecution in #ElSalvador & the #Trump admin sent him there.

They even admit they knew, “although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error” & STILL they will not do anything to bring him back.

courtlistener.com/docket/69777

Plaintiffs allege that, on March 12, 2025, Abrego Garcia was stopped by ICE officers, who informed him that his immigration status had changed. Id. ¶¶ 48–50; see also Cerna Decl., infra Ex. C, ¶ 11. After being detained, he was questioned about gang affiliations and transferred ultimately to a detention center in Texas. Compl. ¶¶ 53, 56; Cerna Decl. ¶¶ 2, 11. Plaintiffs allege Abrego Garcia was told he would be removed to El Salvador and detained at the CECOT prison there. Compl. ¶¶ 56–57 & n.1. On March 15, although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error. Cerna Decl. ¶¶ 12–15. On March 16, a news article contained a photograph of individuals entering intake at CECOT. Id. ¶ 59. Abrego Garcia’s wife identified one of the detainees depicted as her husband based on his tattoos and head scars. Id.
#law#AlienEnemiesAct#Constitution
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beSpacific

“They’re shredding the #Constitution; it’s gone,” said Kimberly Wehle, #law professor at University of Baltimore Law School, legal contributor for #ABC News author of the newsletter Simple Politics told me. “He’s converting himself into #monarch w unlimited #power.” Kim Lane Scheppele, Princeton prof who studies rise, fall of constitutional government. “We are so far past the constitutional crisis, and now we’re into ‘All the lights are flashing..I don’t think people realize how bad things are.”

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