On Friday night, Judges Edith Jones and Kyle Duncan split with more than 150 judges who have ruled against the Trump admin's unilateral, harsh interpretation of a 1996 law.
I didn’t want to “like” it. But it’s true. Or maybe more like a luxury car dealership with the floor plan paying the nuts and bolts structure for massive profit.
This decision is so totally off the wall that it needs to go before the full Fifth Circuit en banc. I can't escape thinking that the only reason the two judges put their signatures on this disgraceful decision is to send a mesage to Trump along the lines of "Don't forget me when the next nomination to the Supreme Court comes up."
Is any consideration given to the lack of system capacity to process the huge number of detainees created by the implementation of this interpretation? Like the lack of sufficient immigration courts at the border the bottlenecks created, either intentionally or thoughtlessly, result in a system not working. And it seems that there are a lot of Americans that, as long as they don't feel the effects, don't care. The problem being that they won't feel the effects until it's too late. And some of these Americans don't care if they're hurt as long as Others are hurt worse. Is this the America I'm supposed to be proud of?
Ask anyone in Minnesota or CA or IL or DC or anywhere ICE is marauding. The answer is yes. We are a papers-please fascist state expanding into voting too, women be damned. 😳😱
Mega-warehouses for detention periods of indeterminate length, as logistically there isn't nearly the aircraft, or even land transport for deportation to, e.g., Mexico, to handle the wave upon wave of the newly incarcerated, and with all immigrants co-mingled regardless of their actual immigration status. No bond, no bail, and no habeas petitioning nor hearings. Stephen Miller might reach his "3000/day" target yet, unless yet more court rulings reset the state of play.
Almost as bad as what Governor DeSantis issued to start the new year: 3 dates already to get rid of DP inmates by constitutionally suspect methods. I just sent a scorching letter to His Excellency on that point: 2/10, 2/12 and 3/3 are signed death warrants to top off last year's 18 executions. I feel almost sorry for the prison execution staff. What a job.
Hope Schumer, Jeffries and the DEMS hear and read this loud and clear. Two weeks was two weeks too much. If this had been done prior to the sign off of the other portions plus the two weeks for ICE they would have had to shut the government down and keep it shut down.
Chris, thank you for your always prompt, succinct - yet thorough - updates on these issues of tremendous importance. Do you have any inside line on whether there will be, in short order, an application for en banc review? As an aside, Kaplan's survey of court decisions suggests that the division in this country may be more limited than we think if this 5th Circuit decision is an outlier. Wishful thinking of a kind...
So, does that include breaking into homes, cars, throwing people to the ground, materiel, guns, life-threatening injury, kidnapping, separating families, murder…
The definition of "applicant for admission" that the 5th Circuit makes so much of states
"An alien present in the United States who has not been admitted OR who arrives in the United States (whether or not at a designated port of arrival ... shall be deemed for purposes of this chapter an applicant for admission." (emphasis added)
Don't visa holders and such arrive at a designated port of arrival? So HOW does the court break off visa overstays as the only ones covered by Section 1226, which allows bonds? Clearly, without allowing SOMEONE to be covered by 1226, the court is declaring that statute inoperable, even though Congress JUST tightened it via the Laken Riley Act. So they just made up a distinction?
This is all apart from the other inanities in the decision. What is the fastest method of getting this squelched? Can the Extremes act faster than accepting cert and finally deciding next fall or even a year from June?
What effect will having huge camps throughout the 5th Circuit have on the people who live there, suddenly next door to Dachau, when the midterms arrive.
There are too many of us who base there decisions on hate and fear of the other. We should always remember that we are more alike than different and try to put ourselves in the others shoes. When that concept feels wrong for you it is wrong for the other.
I did not see the background of this decision, but I assume that the 150-to-2 judge ratio applies to the number of cases, not the fact that this particular decision (which I assume was against the movers/plaintiffs) was anything else than a 3-judge panel making a decision. Am I correct in that?Your lead-in infers that assumption, but this 84-year-old retired DP defense attorney needs clarification.
Good Q that you posed. I also am an 84 y/o retired criminal defense death penalty lawyer out of Louisiana, that lovely Harry Connick regime locale. I assume that the answer was assuming that there were a bunch of 3-judge panel cases, only one of which was in favor of the gummint - which comes out to close to 50 cases altogether across the 11 circuits...
I just realized...
Harty-har-har: I answered my own Q! but don't know anything more now than 6 hours ago. (I took your "like" response too seriously. And it's past my bed time; my cat won't get off my laptop).
“Mega warehouses” — indoor concentration camps.
I didn’t want to “like” it. But it’s true. Or maybe more like a luxury car dealership with the floor plan paying the nuts and bolts structure for massive profit.
Yes (again)! Invest in the East Wing, invest in privately run camps—big profits, act now!
Yes. Following the money on those owners should prove verrrry eeenteresting.
❗️❗️
Deja vu in the worst way...
I’m without words for the steam expanding off the top of my head.
And steam shooting from the ears.
And the growl filling the throat.
White froth bubbling at the lips.
This decision is so totally off the wall that it needs to go before the full Fifth Circuit en banc. I can't escape thinking that the only reason the two judges put their signatures on this disgraceful decision is to send a mesage to Trump along the lines of "Don't forget me when the next nomination to the Supreme Court comes up."
Is any consideration given to the lack of system capacity to process the huge number of detainees created by the implementation of this interpretation? Like the lack of sufficient immigration courts at the border the bottlenecks created, either intentionally or thoughtlessly, result in a system not working. And it seems that there are a lot of Americans that, as long as they don't feel the effects, don't care. The problem being that they won't feel the effects until it's too late. And some of these Americans don't care if they're hurt as long as Others are hurt worse. Is this the America I'm supposed to be proud of?
The United States — from “Home of the free” to “Free, white and 21”.
…but only if white-and-21 doesn’t dissent, is male, and showers flattering expensive gifts on The Felon with bended knee.
Yes! Will whites be required to carry MAGA documentation?
Ask anyone in Minnesota or CA or IL or DC or anywhere ICE is marauding. The answer is yes. We are a papers-please fascist state expanding into voting too, women be damned. 😳😱
Und, “Fatherland uber alles”.
12. These are Republicans.
Oh, sorry! You’re right—I thought they were people.
Mega-warehouses for detention periods of indeterminate length, as logistically there isn't nearly the aircraft, or even land transport for deportation to, e.g., Mexico, to handle the wave upon wave of the newly incarcerated, and with all immigrants co-mingled regardless of their actual immigration status. No bond, no bail, and no habeas petitioning nor hearings. Stephen Miller might reach his "3000/day" target yet, unless yet more court rulings reset the state of play.
Almost as bad as what Governor DeSantis issued to start the new year: 3 dates already to get rid of DP inmates by constitutionally suspect methods. I just sent a scorching letter to His Excellency on that point: 2/10, 2/12 and 3/3 are signed death warrants to top off last year's 18 executions. I feel almost sorry for the prison execution staff. What a job.
Hope Schumer, Jeffries and the DEMS hear and read this loud and clear. Two weeks was two weeks too much. If this had been done prior to the sign off of the other portions plus the two weeks for ICE they would have had to shut the government down and keep it shut down.
They'll never learn.
Chris, thank you for your always prompt, succinct - yet thorough - updates on these issues of tremendous importance. Do you have any inside line on whether there will be, in short order, an application for en banc review? As an aside, Kaplan's survey of court decisions suggests that the division in this country may be more limited than we think if this 5th Circuit decision is an outlier. Wishful thinking of a kind...
So, does that include breaking into homes, cars, throwing people to the ground, materiel, guns, life-threatening injury, kidnapping, separating families, murder…
"The border is now everywhere.".....Judge Douglas
The definition of "applicant for admission" that the 5th Circuit makes so much of states
"An alien present in the United States who has not been admitted OR who arrives in the United States (whether or not at a designated port of arrival ... shall be deemed for purposes of this chapter an applicant for admission." (emphasis added)
Don't visa holders and such arrive at a designated port of arrival? So HOW does the court break off visa overstays as the only ones covered by Section 1226, which allows bonds? Clearly, without allowing SOMEONE to be covered by 1226, the court is declaring that statute inoperable, even though Congress JUST tightened it via the Laken Riley Act. So they just made up a distinction?
This is all apart from the other inanities in the decision. What is the fastest method of getting this squelched? Can the Extremes act faster than accepting cert and finally deciding next fall or even a year from June?
What effect will having huge camps throughout the 5th Circuit have on the people who live there, suddenly next door to Dachau, when the midterms arrive.
There are too many of us who base there decisions on hate and fear of the other. We should always remember that we are more alike than different and try to put ourselves in the others shoes. When that concept feels wrong for you it is wrong for the other.
One wonders how much money these absolute ghouls have invested in CoreCivic and GEO Group.
Wouldn’t we all like to know !
Damn the Vichy judges who support fascism.
I did not see the background of this decision, but I assume that the 150-to-2 judge ratio applies to the number of cases, not the fact that this particular decision (which I assume was against the movers/plaintiffs) was anything else than a 3-judge panel making a decision. Am I correct in that?Your lead-in infers that assumption, but this 84-year-old retired DP defense attorney needs clarification.
Good Q that you posed. I also am an 84 y/o retired criminal defense death penalty lawyer out of Louisiana, that lovely Harry Connick regime locale. I assume that the answer was assuming that there were a bunch of 3-judge panel cases, only one of which was in favor of the gummint - which comes out to close to 50 cases altogether across the 11 circuits...
I just realized...
Harty-har-har: I answered my own Q! but don't know anything more now than 6 hours ago. (I took your "like" response too seriously. And it's past my bed time; my cat won't get off my laptop).
That's a sure sign; your cat knows this.
This is horrifying!