What about this as a possible route for tRump to take: Evoking habeas corpus and due process is all fine and good, but does not the Writ of Habeas Corpus within the Suspension Clause allows 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 Venezuelan immigrants because of "a foreign invasion", and is there 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.
Strangest class action I've ever heard of. Also, doesn't the notion of a class whose members are not being held in the district where the habeas is filed conflict with the venue requirement discussed in the opinion?
The speed of certification, and a highly irregular class. Also, it seems to me it does not address the venue issue.
If it's not apparent, the use of the Alien Enemies Act in this context seems to me ludicrous. I have yet to encounter anyone with a different view. But I'm even less enamored with the legal maneuvering of the ACLU
I thought only the named plaintiffs need to satisfy the forum requirements of the venue in which the complaint is brought. Otherwise it's kind of difficult to bring any sort of class action. In past class action habeas suits the members of the class were not all in the same district. How is this class any different than something like all aliens subject to statutes making bond unavailable?
Indeed. Obviously all judges are completely non partisan and committed to the purity of the law. Which makes it interesting why the defense bar would avoid 5th Circuit courts.
I want to see these defendants receive due process for the good of the Republic. Their confinement in El Salvador - the result of a THREE way negotiation between the Maduro regime, the United States, and El Salvador, as I understand it - is not an injustice. They are illegal here, and El Salvador is the only country that (for fee) will take them.
Is there any precedent for a habeas class to contain detainees in multiple jurisdictions?
I'm wondering because of what SCOTUS said in this part of the Per Curiam -
"For “core habeas petitions,” “jurisdic- tion lies in only one district: the district of confinement.” Rumsfeld v. Padilla, 542 U. S. 426, 443 (2004). The detain- ees are confined in Texas, so venue is improper in the Dis- trict of Columbia."
Does anyone know anything about the judge in Texas? His SD Tx bio could lead one to believe he might not be a typical Trump Appointee: "Fernando Rodriguez, Jr. has served since 2018 as a United States District Judge. Before assuming that position, he worked overseas for eight years with the non-profit organization, International Justice Mission, in Bolivia and the Dominican Republic, and for eleven years in Dallas with Baker Botts LLP. Judge Rodriguez holds a B.A. from Yale University and a law degree from the University of Texas School of Law."
I'm very concerned that the tandem attacks on our allies and the decrease in rights that the current administration is waging will end up with a war...an excuse for marshal law...and a dictator. Please show me a way out!
What about this as a possible route for tRump to take: Evoking habeas corpus and due process is all fine and good, but does not the Writ of Habeas Corpus within the Suspension Clause allows 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 Venezuelan immigrants because of "a foreign invasion", and is there 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.
I am wondering the same thing.
Strangest class action I've ever heard of. Also, doesn't the notion of a class whose members are not being held in the district where the habeas is filed conflict with the venue requirement discussed in the opinion?
What’s strange about the class action?
The speed of certification, and a highly irregular class. Also, it seems to me it does not address the venue issue.
If it's not apparent, the use of the Alien Enemies Act in this context seems to me ludicrous. I have yet to encounter anyone with a different view. But I'm even less enamored with the legal maneuvering of the ACLU
I thought only the named plaintiffs need to satisfy the forum requirements of the venue in which the complaint is brought. Otherwise it's kind of difficult to bring any sort of class action. In past class action habeas suits the members of the class were not all in the same district. How is this class any different than something like all aliens subject to statutes making bond unavailable?
Yes, God forbid anyone should use “legal maneuvering” to seek redress against such nightmarish injustice.
Indeed. Obviously all judges are completely non partisan and committed to the purity of the law. Which makes it interesting why the defense bar would avoid 5th Circuit courts.
I want to see these defendants receive due process for the good of the Republic. Their confinement in El Salvador - the result of a THREE way negotiation between the Maduro regime, the United States, and El Salvador, as I understand it - is not an injustice. They are illegal here, and El Salvador is the only country that (for fee) will take them.
When you're accused of being 'illegal' and sent to die no one will care about YOU, don't worry!
Actually, dozens of ACLU lawyers will care passionately.
Thanks Chris!
Is there any precedent for a habeas class to contain detainees in multiple jurisdictions?
I'm wondering because of what SCOTUS said in this part of the Per Curiam -
"For “core habeas petitions,” “jurisdic- tion lies in only one district: the district of confinement.” Rumsfeld v. Padilla, 542 U. S. 426, 443 (2004). The detain- ees are confined in Texas, so venue is improper in the Dis- trict of Columbia."
Great reporting! Thank you so much!
Does anyone know anything about the judge in Texas? His SD Tx bio could lead one to believe he might not be a typical Trump Appointee: "Fernando Rodriguez, Jr. has served since 2018 as a United States District Judge. Before assuming that position, he worked overseas for eight years with the non-profit organization, International Justice Mission, in Bolivia and the Dominican Republic, and for eleven years in Dallas with Baker Botts LLP. Judge Rodriguez holds a B.A. from Yale University and a law degree from the University of Texas School of Law."
I wondering whether or not citizens who were erroneously "disappeared " will be covered by a separate habeas
Will Trump listen and do as he's told? He hasn't so far. I hope that this works and the courts listen.
I'm very concerned that the tandem attacks on our allies and the decrease in rights that the current administration is waging will end up with a war...an excuse for marshal law...and a dictator. Please show me a way out!