Profile picture
Steve Vladeck
@steve_vladeck
, 3 tweets, 2 min read Read on Twitter
Major new ruling from the Ninth Circuit, holding that the Suspension Clause protects the right of undocumented immigrants to habeas review of their detention and removal (and creating a circuit split with the Third Circuit’s Castro ruling in the process):

utexas.box.com/s/retlnl4lwmu2…
Here’s my old @just_security post with more background on the case and the significance of the constitutional question it presents:

justsecurity.org/53822/trouble-…
In a nutshell, today’s ruling protects the right of undocumented immigrants, even those who just arrived, to litigate their eligibility for asylum through habeas—and seek a stay of their expedited removal pending that litigation. It’s a major setback for the Trump administration.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Steve Vladeck
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

More from @steve_vladeck see all

Profile picture
Steve Vladeck
@steve_vladeck
A remarkable (and remarkably important) ruling from Judge Brinkema in the Abu Ghraib #torture case, holding (as a matter of first impression) that the US does not have sovereign immunity from claims for violations of jus cogens norms of international law:

justsecurity.org/wp-content/upl…
"Jus cogens" norms are those norms of such a universal character that no country may lawfully derogate them. And Judge Brinkema's opinion concludes that no country may likewise immunize itself for violations of those norms by those acting under its authority. This is a big deal.
The US nevertheless prevails here because Judge Brinkema holds that the contractor plaintiffs waived their right to pursue these claims when they settled Abu Ghraib-related issues with the government in 2007. But the sovereign immunity holding could matter a lot in the future.
Read 3 tweets
Profile picture
Steve Vladeck
@steve_vladeck
Despite taking supplemental briefing from the parties on Article III standing in Frank v. Gaos, #SCOTUS ducks and remands the case to the Ninth Circuit to resolve the standing issue in the first instance:

supremecourt.gov/opinions/18pdf…
To me, this is the right result procedurally. It would've been problematic for the Justices to reach a potentially major question of Article III standing that was only addressed in post-argument, supplemental briefs by the parties.

Now, this issue can be properly litigated...
At the same time, as @dispositive points out, this is now the _third_ time that the Court has considered (and punted on) this exact standing question, including First American Financial v. Edwards (2012) and Spokeo, Inc. v. Robins (2016).
Read 3 tweets
Profile picture
Steve Vladeck
@steve_vladeck
When the government tries a defendant twice for the same offenses, can anything cure the double jeopardy violation _other_ than dismissing the second prosecution? That's the issue presented in our new petition to the Court of Appeals for the Armed Forces:

justsecurity.org/wp-content/upl…
In a nutshell, after our client was tried and convicted in federal district court, he pleaded guilty in, and was sentenced by, a court-martial for overlapping offenses (after rejection of his double-jeopardy-based motion to dismiss), and _then_ was sentenced in district court.
At that point, and without objection from the AUSA, the district court refused to sentence our client on the overlapping conviction (dismissing that count instead), since that would have been a _second_ double jeopardy violation (multiple punishments for the same offense).
Read 6 tweets

Related threads

Profile picture
George Conway
@gtconway3d
See bit.ly/2OWTc3R ...
... the reversal rate for all courts in the Supreme Court last year was 74%. All these statistics tell us is that one major factor in the Supreme Court’s selection of which cases to review is whether they may have been wrongly decided:
The number of Ninth Circuit cases reviewed and reversed was high, but the Ninth Circuit is by far largest federal circuit by number of judges and size of docket.
Read 5 tweets
Profile picture
Dax Raven06
@daxravens06
Passed forward by Malcolm Nance is how I read this. Thread to follow w/o be the article itself ineteconomics.org/perspectives/b…
1)
 Nobel laureate James Buchanan is the intellectual linchpin of the Koch-funded attack on democratic institutions,
2)
 argues Duke historian Nancy MacLean
Ask people to name the key minds that have shaped America’s burst of radical right-wing attacks on working conditions, consumer rights and public services,
Read 118 tweets
Profile picture
Lee Sin
@LeeAlkoby
THREAD:
Family’s being separated at the border. But why?
Let’s talk about the new hysteria over “kids being separated from their families.”

Hint: It’s all a political stunt.

It all started a few weeks back when a picture of some kids locked in a cage RE-surfaced from a Fmr. Obama official.

They shorty retracted the tweets.
Claim: Trump is separating families at the border

False. 👇🏼

qz.com/1291470/photos…
Read 23 tweets
Profile picture
Bansi Sharma
@bansisharma
1. Deceitful Rhetoric on Illegal Immigrant Family Separation

Media & Democratic "focus" on illegal immigrant families being separated at the border conspicuously tugs at people's heartstrings without making any effort at all to offer alternatives. Coincidence? I think not.
2. Who made any policy or issued any executive orders which made it attractive for illegal immigrants to cross the border accompanied by children? Was it Trump? No, it was Obama. Obama's actions willfully unleashed this phenomenon.
3. Once an illegal crosses the border accompanied by a child, consider all possible alternatives:
a) Immediately deport without due process.
b) Build five-star accommodations (at great expense, considering the number of arrivals) to house them while reviewing their case.
...
Read 28 tweets
Profile picture
Leia
@TheSWPrincess
The current dialogue about #DACA affects everyone in the US. How?

#Racism & #scapegoating & affect all minorities.

Deporting #DREAMers & undocumented #immigrants will have very negative impacts to the #economy. That affects everyone else. THREAD 1 #DreamActNow #immigration
The sociological concept of the “other” is important to this discussion. If you haven’t heard of it before, here is a brief overview from othersociologist.com/otherness-reso…. 2 #identity #race #sociology #Science
People in power define social identities as they have the means to control the narrative – news coverage, platforms to broadcast their platforms, & the power to influence law enforcement and legislation. Social identity affects how people perceive themselves and others. 3
Read 19 tweets
Profile picture
G. Elliott Morris📈🤷‍♂️
@gelliottmorris
#New PA cong. map increases D chance of winning the House majority by 4%. They only need a 6.8% generic ballot margin now (down from 7.7) to be favored.

Diff. will be closer to 10% in Nov when uncertainty from polls is ⬇️. Redraw is a very big deal.

One major reason the new PA map is such a big gain for Democrats is that it solidifies, not just tips, PA districts in Philly burbs. Also creates one additional vulnerable R district. (Easily seen in this map made by @JMilesColeman)
My forecasting model will have new PA map in the near future. This is not just a simple switch; it’s a coding redesign, restructuring of input, & drawing new geographic files. Takes a while (for me, a student).

In the meantime, just add 3-4% to the model: bit.ly/2018_house
Read 4 tweets

Trending hashtags

#maga #Trumpisawhitesupremacist #scapegoating #MigrantCaravan #BuildOurWallNOW #StormyDaniels #REDFLAG #lobbyistsInPanic #hospitality #Dangerous #ProjectFear #Facebook #Immigrants #MyHouseMyAmerica #Lexit #tratovip #WEHAVEAWALL #Illegals #nofilter #OANN #Dreamers #MFF #CONSPIRACY #WeThePeople #bigot
Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!