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

Posted on 3/21/25 at 9:16 am to
Posted by Vacherie Saint
Member since Aug 2015
46029 posts
Posted on 3/21/25 at 9:16 am to
OK. close your eyes and just listen to the audio, you sexist prick.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465368 posts
Posted on 3/21/25 at 9:17 am to
quote:

because deep-down, he knows the country has turned on his idols.

I don't need any "deep down" analysis to see MAGA turn on people promoting smaller government, like Massie
Posted by Gifman
Member since Jan 2021
17220 posts
Posted on 3/21/25 at 9:18 am to
Occasionally coupon attorney’s TDS does bubble to the surface.
Posted by Screaming Viking
Member since Jul 2013
5598 posts
Posted on 3/21/25 at 9:19 am to
quote:

Care to elaborate?

That's a longer sentence than saying she's wrong, so tell us how you believe so.


he will avoid this like the plague.

Just one guys opinion, but this is why that douche canoe should go away. "I am smarter than everyone....but I will never explain my random point."

what a miserable prick.
This post was edited on 3/21/25 at 9:21 am
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68464 posts
Posted on 3/21/25 at 9:20 am to
It's not subject to judicial review bc the SCOTUS said so not
quote:

Megyn Kelly
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465368 posts
Posted on 3/21/25 at 9:21 am to
quote:

he will avoid this like the plague.



No. I'm driving to my office right now, and I will give a detailed explanation, again.
Posted by Vacherie Saint
Member since Aug 2015
46029 posts
Posted on 3/21/25 at 9:21 am to
there's no way this moron practices law. every attorney I know is busier than a one-legged man in an arse kicking contest. this loser is posting on TD all day, every day for 20 years. if you listen closely, you can hear him munching on funions.
Posted by idlewatcher
Planet Arium
Member since Jan 2012
92299 posts
Posted on 3/21/25 at 9:22 am to
quote:

One is a strip center divorce lawyer and the other smuggles illegals into Texas
Posted by Warboo
Enterprise Alabama
Member since Sep 2018
5504 posts
Posted on 3/21/25 at 9:22 am to
quote:

I don't need any "deep down" analysis to see MAGA turn on people promoting smaller government,


SFP would reducing the government work force, disbanding agencies like the DOE, USAID, etc. not be making government smaller? Judges come in and do everything they can to stop it and you are not concerned at all.
Posted by stampman
Louisiana
Member since Oct 2006
5117 posts
Posted on 3/21/25 at 9:23 am to
quote:

Coupon divorce lawyers are big mad about this



I think I might know who you be talkin bout!
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19014 posts
Posted on 3/21/25 at 9:26 am to
I think what the judges, up and down the line, and their partners filing these suits will claim is not the actions under the Alien Enemies Act, but the invocation of the act itself.

Both paths are losers, for the left, because of the word 'incursion'.
Posted by Vacherie Saint
Member since Aug 2015
46029 posts
Posted on 3/21/25 at 9:26 am to
Its such a lazy way to debate.

Demand smaller government, but complain when you get it because its "not good enough". As if we are foolish enough to believe that he would EVER think it was enough. And if someone like Massie were president today, slashing Government, he'd be complaining about that too. The goal posts must constantly move to maintain his "conservative" beard.
Posted by GatorOnAnIsland
Florida
Member since Jan 2019
9249 posts
Posted on 3/21/25 at 9:31 am to
quote:

she’s sexy






Posted by stampman
Louisiana
Member since Oct 2006
5117 posts
Posted on 3/21/25 at 9:32 am to
quote:

Just because she’s sexy doesn’t mean I’ll listen to a woman explain anything to me. Get it together guys


Well she is a lawyer and I would surely believe her over SFP or Hank!
Posted by stampman
Louisiana
Member since Oct 2006
5117 posts
Posted on 3/21/25 at 9:32 am to
quote:

Just because she’s sexy doesn’t mean I’ll listen to a woman explain anything to me. Get it together guys


Well she is a lawyer and I would surely believe her over SFP or Hank!
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465368 posts
Posted on 3/21/25 at 9:39 am to
quote:

Care to elaborate?

That's a longer sentence than saying she's wrong, so tell us how you believe so.


The Act is broken down into 2 different conditions necessary in order for the President to invoke the expansive powers beyond judicial review.

quote:

Whenever there is a declared war between the United States and any foreign nation or government


or

quote:

any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government,


Ludecke v. Watkins

Is the case they keep citing. This case is a WW2 case involving the first path (declared war). Now, not only was there judicial review about this issue, but also there wasn't much debate that WW2 was a "Declared war" (the bigger discussion in the case was determining when the war ended, which the court gave lots of deference to the admin).

In fact, in my (not expansive) research, this act has only been invoked in 3 fully-declared wars, using that first condition. As far as I can tell, no President has ever invoked the 2nd condition and this act has never been used outside of an official, Congressionally-declared war. scenario.

I don't see any legitimate argument that it's beyond judicial review to ensure that the conditions required of the statute exist, and the case they keep citing did this exact analysis. What they are referencing is the use of executive power AFTER this determination has been made, but that isn't necessarily the current debate/discussion.

And, we also have no caselaw on this issue to guide us, as, to my knowledge, the path we're on now has never been traversed, by executive or judge. This is new, novel territory all around.

*Edited to fix bad quoting
This post was edited on 3/22/25 at 10:14 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465368 posts
Posted on 3/21/25 at 9:41 am to
quote:

SFP would reducing the government work force, disbanding agencies like the DOE, USAID, etc. not be making government smaller?

They still exist and are fully-funded.

We're just putting that money in treasury accounts.

And invoking laws that are the subject of this thread are the exact opposite of a "limited government" approach, especially the attack on fundamental rights (due process) of all persons located in the US (regardless of citizenship or immigration status).

Posted by loogaroo
Welsh
Member since Dec 2005
39448 posts
Posted on 3/21/25 at 9:41 am to
Miller covered all that. He said they met all three criteria.

He also said that they only had to meet one.
This post was edited on 3/21/25 at 9:43 am
Posted by AllDayEveryDay
Nawf Tejas
Member since Jun 2015
9273 posts
Posted on 3/21/25 at 9:45 am to
While you seem to be generally hated across the PT, I don't mind your input. But you seem to do this often:

Make a carte blanche statement like:
quote:

The case she cites isn't even really relevant to the discussion at hand.


Then:

quote:

And, we also have no caselaw on this issue to guide us, as, to my knowledge, the path we're on now has never been traversed, by executive or judge. This is new, novel territory all around


It'd be better to just begin with the latter.
This post was edited on 3/21/25 at 9:45 am
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
93091 posts
Posted on 3/21/25 at 9:46 am to
quote:

Coupon divorce lawyers are big mad about this


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