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re: Megyn Kelly — Alien Enemies Act is not subject to judicial review.

Posted on 3/21/25 at 10:52 pm to
Posted by Oizers
Member since Nov 2009
2691 posts
Posted on 3/21/25 at 10:52 pm to
You must hate
That we got that mandate
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 8:33 am to
quote:

No.

It's foreign policy.

No. The "foreign policy" seems to be the negotiations with Venezuela and El Salvador. AEA isn't about "foreign policy".

The admin is using 3 angles to try to avoid review

1. AEA
2.Foerign policy
3. National security

The question is if these are legitimate or ruses simply to avoid review.

Any freedom-loving American should be concerned about the potential use of manufactured ruses to eradicate fundamental protections of people in the US (including citizens).
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 8:44 am to
quote:

to try to avoid review

They are trying to avoid review by asking the Court of Appeals to review the case???

What a judiciary-centric view that is. How dare the Executive Branch insist on appellate review of a compromised lower court judge's ruling, while pretending to be POTUS for a day?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 8:46 am to
quote:

They are trying to avoid review by asking the Court of Appeals to review the case?

No.

With their arguments, as I described in that post.

Nobody is saying they can't appeal. On appeal, however, they are going to manufacture an argument to avoid review by the district court. It's going to involve the 3 ways I listed in that post.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 8:46 am to
quote:

Any freedom-loving American should be concerned about the potential use of manufactured ruses to eradicate fundamental protections of people in the US (including citizens).
You're talking about judge shopping in search of TROs issued by unelected, compromised, partisan Judges?
Posted by Houag80
Member since Jul 2019
19527 posts
Posted on 3/22/25 at 8:48 am to
You can't get in a mansplaining war with SFP. He's not honest.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 8:49 am to
quote:

They are trying to avoid review by asking the Court of Appeals to review the case?

No.
Yes

They are asking the Court of Appeals to review the case. That is exactly what they are doing. They are asking the courts for review .... which is what you inexplicably feel they are trying to avoid
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 8:49 am to
quote:

You're talking about judge shopping in search of TROs issued by unelected, compromised, partisan Judges?

No.

This is in the DC Circuit, correct? How is that "judge shopped"?
Posted by biglego
San Francisco
Member since Nov 2007
84725 posts
Posted on 3/22/25 at 8:50 am to
quote:

You're talking about judge shopping in search of TROs issued by unelected, compromised, partisan Judges?


Let’s find a district judge in Rhode Island to tell the executive what he can do. The judiciary is in charge.
This post was edited on 3/22/25 at 8:51 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 8:51 am to
quote:

They are asking the Court of Appeals to review the case. That is exactly what they are doing. They are asking the courts for review .... which is what you inexplicably feel they are trying to avoid

No.

quote:

Nobody is saying they can't appeal. On appeal, however, they are going to manufacture an argument to avoid review by the district court. It's going to involve the 3 ways I listed in that post.


Their 3-pronged strategy is manufactured to avoid judicial review of their actions.

That strategy, for the 2nd time, doesn't argue against the right to appeal.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 8:56 am to
quote:

This is in the DC Circuit, correct?
Where were the Venezuelans arrested? Where were they held in detention?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 8:57 am to
quote:

Where were the Venezuelans arrested? Where were they held in detention?


Where is the defendant domiciled?

The DC Circuit is the primary circuit for administrative judicial review. It's the most respected circuit for that reason.
This post was edited on 3/22/25 at 8:58 am
Posted by Paddyshack
Land of the Free
Member since Sep 2015
11063 posts
Posted on 3/22/25 at 9:00 am to
quote:

SlowFlowPro

You are in shambles.

One wonders why you never scrutinized the Biden administration’s actions in such a thought-provoking manner. Or the Biden DOJ.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 9:03 am to
quote:

You are in shambles.





Posted by SoFla Tideroller
South Florida
Member since Apr 2010
41023 posts
Posted on 3/22/25 at 9:05 am to
quote:

It's the most respected circuit for that reason.


It may be the most ridiculed by anyone with a modicum of knowledge of the constitution.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 9:10 am to
quote:

It may be the most ridiculed by anyone with a modicum of knowledge of the constitution.


Antonin Scalia, nominated to the DCCOA in 1982 (after declining a nomination to the 7th Circuit, holding out for the more prestigious DCCOA)
Clarence Thomas, nominated to the DCCOA in 1989
Brett Kavanaugh, nominated to the DCCOA in 2003
John Roberts, nominated to the DCCOA in 2001
Posted by BBONDS25
Member since Mar 2008
59469 posts
Posted on 3/22/25 at 9:59 am to
quote:

Iraq


Wrong. There was no declaration of war against Iraq. The last time we declared was was 1942. How can you be ignorant of such basic facts yet argue like you’re some sort of expert?
This post was edited on 3/22/25 at 10:09 am
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 10:02 am to
quote:

Where is the defendant domiciled?
defendants?

Not one of them is from DC, AFAICT.

quote:

It's the most respected circuit for that reason.
Sorry, after the J6 bullshite, on the heels of Flynn, etc., no one but a leftist authoritarian could hold a whiff of respect for that collection of District Judge Imbeciles. The DCCOA may be a different matter, but that is not what you're addressing.
Posted by BBONDS25
Member since Mar 2008
59469 posts
Posted on 3/22/25 at 10:05 am to
quote:

Why would I shut up about war when talking about the Alien Enemies Act? You moron


You shouldn’t. As long as you are aware a declared was (which you thought happened in Iraq) is only one of three ways to invoke the Act.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 10:09 am to
quote:

defendants?

Not one of them is from DC


In their official capacities, Trump, Noem, etc. are domiciled in DC. You can always sue the fedgov/admin in the DC district by default as it's their home jurisdiction. It's the most proper district, in fact, as it's effectively specifically built for these disputes.

quote:

Sorry, after the J6 bullshite, on the heels of Flynn, etc., no one but a leftist authoritarian could hold a whiff of respect for that collection of District Judge Imbeciles. The DCCOA may be a different matter, but that is not what you're addressing.

It's all the same thing. It's the crème de la crème of appointments.

See above (Scalia declining a different COA position waiting for DC) .
This post was edited on 3/22/25 at 10:10 am
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