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re: A few interesting details on the SCOTUS rule from yesterday in scotusblog.

Posted on 5/17/25 at 9:04 am to
Posted by CDawson
Louisiana
Member since Dec 2017
18080 posts
Posted on 5/17/25 at 9:04 am to
quote:

No he just rejects the reality



Here is the reality and a 4th grader could decipher this but SCOTUS cannot.

1798 law that gives the president the power to detain or remove citizens of an enemy nation without a hearing or any other review by a court
Posted by imjustafatkid
Alabama
Member since Dec 2011
58499 posts
Posted on 5/17/25 at 9:05 am to
SCOTUS has lost legitimacy with this ruling.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451869 posts
Posted on 5/17/25 at 9:06 am to
quote:

1798 law that gives the president the power to detain or remove citizens of an enemy nation

Only in 3 specific instances. Not just "because"
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451869 posts
Posted on 5/17/25 at 9:06 am to
quote:

SCOTUS has lost legitimacy with this ruling.

Posted by KCT
Psalm 23:5
Member since Feb 2010
42679 posts
Posted on 5/17/25 at 9:08 am to
quote:

No he just rejects the reality of legal systems and the processes needed for a system of laws to work.


1) 808 is supposedly a female.

2) 86 SFP (Whatever that means)
Posted by loogaroo
Welsh
Member since Dec 2005
36555 posts
Posted on 5/17/25 at 9:09 am to
quote:

Only in 3 specific instances. Not just "because"


Well then meeting the criteria should be the focus. Not all this fluff SCOTUS is doing. It’s obvious they don’t want the heat on this.
Posted by hogcard1964
Alabama
Member since Jan 2017
14058 posts
Posted on 5/17/25 at 9:12 am to
quote:

Finally, the justices stressed that they were not addressing whether the detainees can actually be removed under the Alien Enemies Act. 


Boom!
Posted by the808bass
The Lou
Member since Oct 2012
120406 posts
Posted on 5/17/25 at 9:14 am to
quote:

The 14th Amendment was never intended to allow illegal immigrants jumping the border or arriving by ship or plane to drop an anchor baby, but left leaning legal scholars saw an opportunity to use the 14th amendment as a means to facilitate unfettered immigration/chain migration.


You are, of course, 100% correct.
Posted by GumboPot
Member since Mar 2009
133273 posts
Posted on 5/17/25 at 9:14 am to
quote:

Does the 14th amendment nullify this?


Does the 4th and 5th amendments of 1791 nullify the Alien Enemies Act of 1798?
Posted by the808bass
The Lou
Member since Oct 2012
120406 posts
Posted on 5/17/25 at 9:16 am to
quote:

Why? Because YOU don't understand it?


No. Because it’s just halving a baby. Judges have been loving that shite since before the time of Christ.
Posted by SwampMonster
Member since Feb 2025
525 posts
Posted on 5/17/25 at 9:17 am to
quote:

Time for Congress to get off their arse, do their jobs, and chance our immigration laws


THIS^^^^ x1000

The USSC doesn’t make laws…and the President shouldn’t have to resort to rarely used laws that Admin is trying to do contortions around to enforce.

It’s the clowns in Congress who need to pass laws giving a 14 day turnaround for all non-criminal detention hearings.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451869 posts
Posted on 5/17/25 at 9:18 am to
quote:

Well then meeting the criteria should be the focus.


That's going to be up next.

Right now we're at general constitutional protections, which were violated. Then once that's resolved, I'm sure the portion I referenced will be up.

Kavabaugh wanted to just get it on and hear that case now, FWIW.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451869 posts
Posted on 5/17/25 at 9:19 am to
quote:

Does the 4th and 5th amendments of 1791 nullify the Alien Enemies Act of 1798?

"nullify"? No.

Restrict? Yes.

Congressional statutes cannot violate the Constitution and any authority granted within such statutes must be executed within the limits of the Constitution.
Posted by themunch
bottom of the list
Member since Jan 2007
70691 posts
Posted on 5/17/25 at 9:22 am to
Congressional statutes cannot violate the Constitution and any authority granted within such statutes must be executed within the limits of the Constitution.

There are immigration laws. The leftist have turned immigration illegals into amnesty seekers to circumvent existing law.
Posted by YumYum Sauce
Arkansas
Member since Nov 2010
8992 posts
Posted on 5/17/25 at 9:22 am to
Attorneys never ending demand for billable hours will eventually destroy this country.

Change my mind.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451869 posts
Posted on 5/17/25 at 9:26 am to
quote:

There are immigration laws.

Correct. The Trump admin should have focused on using those instead of aggressive uses of wartime statutes in a novel way.

Posted by imjustafatkid
Alabama
Member since Dec 2011
58499 posts
Posted on 5/17/25 at 9:27 am to
quote:

Does the 4th and 5th amendments of 1791 nullify the Alien Enemies Act of 1798?


No, because they don't apply to illegal aliens at all.
Posted by themunch
bottom of the list
Member since Jan 2007
70691 posts
Posted on 5/17/25 at 9:28 am to
he Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

This needs some elaboration for myself as I cannot stretch that far.
Posted by imjustafatkid
Alabama
Member since Dec 2011
58499 posts
Posted on 5/17/25 at 9:28 am to
quote:

Correct. The Trump admin should have focused on using those instead of aggressive uses of wartime statutes in a novel way.


This is a weird way to tell everyone you want this country destroyed by illegal immigration.
Posted by IvoryBillMatt
Member since Mar 2020
5109 posts
Posted on 5/17/25 at 9:29 am to
quote:

1798 law that gives the president the power to detain or remove citizens of an enemy nation without a hearing or any other review by a court


We are not at war with anyone, so there are no "enemy nations." The claim by the Steven Miller Administration is that TDA constitutes an invasion by a foreign government.

Novel and probably bullshite, BUT maybe it's a successful legal fiction. The government seems to be conceding that SOME notice is required under AEA...the issue that made it to the Supreme Court was adequacy of notice such that petitioners could have filed for habeas corpus relief.

Does anyone know if the government is arguing that removal under AEA is NOT subject to any judicial review? In other words, the President declares that you are subject to removal under the AEA...and that's that...no legal challenges are allowed?
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