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Mark Joseph Stern
@mjs_DC
, 6 tweets, 3 min read Read on Twitter
Oof. This is terrible news. SCOTUS rules 5–4 that ICE may arrest and detain an unauthorized immigrant *indefinitely* once he has been taken into criminal custody. Doesn't matter if he was released from custody months or even years ago.
supremecourt.gov/opinions/18pdf…
Background on this case: slate.com/news-and-polit…

During oral arguments, it really seemed like Gorsuch, and maybe even Kavanaugh, would side against the Trump administration. They didn't. 5–4 vote. Really bad day for immigration rights.
Breyer wrote the dissent, and he's reading it from the bench, which demonstrates just how upset he is. Last term he warned us that SCOTUS' conservatives want to strip immigrants of their constitutional rights: slate.com/news-and-polit…
Breyer writes that he fears the court's decision "will work serious harm to the principles for which American law has long stood." Calls it a violation of "basic American legal values."

Yeah. He's mad.
In lighter news, Breyer uses Hamilton to drive home his textualist argument. (He has spoken about how much he loved it.)
I wrote about today's deeply unfortunate decision. We should all heed Justice Breyer's warning: The Supreme Courts conservatives are ignoring "basic American legal values" to let ICE detain certain unauthorized immigrants indefinitely.
slate.com/news-and-polit… @Slate
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More from @mjs_DC see all

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Mark Joseph Stern
@mjs_DC
!!! Chief Justice Roberts joins the liberals in an important 5–3 decision affirming that the Eighth Amendment may prohibit the execution of inmates suffering dementia who cannot remember their crimes. supremecourt.gov/opinions/18pdf…
Majority opinion by Kagan: If an inmate suffers a mental disorder (like dementia) that renders him unable to understand why the state wants to kill him, the Eighth Amendment prohibits his execution.

I predicted this outcome in October: slate.com/news-and-polit…
Kavanaugh did not participate. Alito dissents, joined by Thomas and Gorsuch. He's angry—begins his dissent this way:

"What the Court has done in this case makes a mockery
of our Rules."
Read 3 tweets
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Mark Joseph Stern
@mjs_DC
Gorsuch is not pleased with a law that allows a judge—not a jury—to send sex offenders back to prison after determining that they've committed a crime. A remarkable defense of the Sixth Amendment here. supremecourt.gov/oral_arguments…
Gorsuch is deeply committed to the right to a trial by jury. Today he and Sotomayor once again teamed up to defend it—though this time, a majority of the justices seem to be on their side. (Alito still doesn't really believe in the Sixth Amendment.)
More on today's case from the inimitable @AHoweBlogger: scotusblog.com/2019/02/argume…

If Amy's prediction is correct, this case will impose a very welcome restriction on a draconian sex offender law.
Read 3 tweets
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Mark Joseph Stern
@mjs_DC
North Carolina court declares recent voter ID and tax cap constitutional amendments INVALID because they were voted onto the ballot by a racially gerrymandered state legislature. A ruling of extraordinary breadth.
southernenvironment.org/uploads/words_…
h/t @rickhasen, who notes the decision may well be reversed on appeal, even at the very liberal North Carolina Supreme Court. Definitely a novel interpretation of the NC constitution. electionlawblog.org/?p=103731
@rickhasen Also read @greg_doucette on the ruling
Read 3 tweets

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Chris Geidner
@chrisgeidner
A Census citizenship question challenge update thread: After #SCOTUS agreed on Friday — buzzfeednews.com/article/chrisg… — to hear a case over what evidence should be allowed in the case ...
... DOJ went back to the trial court, where closing arguments are scheduled for later this month in the trial, asking on Sunday for everything to be put on hold until SCOTUS is done with its case over the evidence. documentcloud.org/documents/5190…
This morning, Judge Furman ordered the challengers — state gov'ts and immigration groups — to respond to DOJ's motion by 4p Tuesday.
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Amy Spitalnick
@amyspitalnick
NEWS: #SCOTUS greenlights nearly all discovery in @NewYorkStateAG & co's #2020Census case, except for Sec. Ross deposition which remains on hold pending further briefing (despite an inaccurate AP story that he “can’t be questioned,” period).
DOJ just filed another motion with the district court to stay @NewYorkStateAG’s #2020Census case ahead of our Nov 5 trial. That’s right - after asking #SCOTUS to stay discovery and losing, they’re trying again with the district court. Seriously.
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Chris Geidner
@chrisgeidner
Off to #SCOTUS.
#SCOTUS, Oct. 10, 2018.
ACLU’s @WangCecillia, who argued Nielsen v. Preap, reconnects with her colleagues outside the court on Wednesday.
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Matthew Chapman
@fawfulfan
One of the only big opinions left for #SCOTUS to issue is #Janus, where plaintiffs seek to ban security fees for all public unions.

Unions are widely expected to lose. But pay close attention to HOW they lose. The reasoning the Court uses matters a lot.
Let me explain.

The prior case law on this issue is Abood v. Detroit Board of Education. In that ruling, #SCOTUS said security fees are not compelled speech — as long as they don't fund political activity, and unions keep a firewall between bargaining and political campaigning.
In other words, #SCOTUS said if a union is campaigning for a political candidate, that's compelled speech, and workers not in the union can't be made to pay fees for that purpose — BUT if they're using the money to bargain contracts for workers, that's not speech and is allowed.
Read 15 tweets
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Matt Cameron 🗽
@matt_cam
I am proud to announce that I have been certified "dangerous and unprofessional" by Immigration and Customs Enforcement, and I'm pleased to say that the feeling is mutual.
To be clear: the U.S. government believes it was "dangerous and unprofessional" of me to tell the story of a single mother arbitrarily detained by #ICE with no thought for her 8-year-old son, and to request support for her from my fellow citizens.

I have a problem with this.
ADDENDUM: Author requested that #ICE contact local @AILANational chapter to "share these concerns." ICE AILA liaison called later that week to inform me that #ICE believed that I was "endangering officer safety"...

...by advocating for public to call #ICE to support a client.
Read 15 tweets

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