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8 tweets,
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Support sanctuary in your town. We do. Bring them to our open arms. The benefits are mutual, not zero-sum.
#CallTrumpsBluff
Support sanctuary in your town. We do. Bring them to our open arms. The benefits are mutual, not zero-sum.
#CallTrumpsBluff
If Trump's plan is to punish sanctuary cities w/ asylum seekers, welcome them. Don't litigate.
But what if his plan was to release undocumented people charged with violent crimes into sanctuary cities as political payback?
Surprise, look to the Roberts Sebelius decision. 10th A.
But what if his plan was to release undocumented people charged with violent crimes into sanctuary cities as political payback?
Surprise, look to the Roberts Sebelius decision. 10th A.
In Sebelius, a 7-2 majority found that the ACA impermissibly coerced the states to join the exchanges by threatening to take away fed funding.
Sanctuary cities aren't states, but cities are the creatures of states. Trump would be using threat of violence to coerce state policy.
Sanctuary cities aren't states, but cities are the creatures of states. Trump would be using threat of violence to coerce state policy.
In Sebelius, the threat was simply loss of federal dollars (a lot of $).
This case for coercion here is easy: the intended threat of increasing violence to punish local policies and pressure changes in state policy...
Thought experiment. What if Trump released violent felons...
This case for coercion here is easy: the intended threat of increasing violence to punish local policies and pressure changes in state policy...
Thought experiment. What if Trump released violent felons...
5/...From federal prisons around the country into cities w/ criminal justice reforms? States adopting voting rights for felons? City DAs that prosecuted cops?
The message would be similar: You adopt policies I disapprove of. I will punish you with increased risk of violence...
The message would be similar: You adopt policies I disapprove of. I will punish you with increased risk of violence...
6/ And the message is also to the states: "Get your cities under control, get in line with my interpretation of federal law and my prosecutorial priorities or face an increase of violence."
Sanctuary has this structure of fed vs. state/local implicating the 10th Amendment.
Sanctuary has this structure of fed vs. state/local implicating the 10th Amendment.
7/ Roberts in Sebelius:
"But when 'pressure turns into compulsion,' legislation runs contrary to our system of federalism...That is true whether Congress directly commands a State to regulate or indirectly coerces a State to adopt a federal regulatory system as its own..."
"But when 'pressure turns into compulsion,' legislation runs contrary to our system of federalism...That is true whether Congress directly commands a State to regulate or indirectly coerces a State to adopt a federal regulatory system as its own..."
8/ Roberts in Sebelius, cont:
"In this case, the financial 'inducement' Congress has chosen is much more than 'relatively mild encouragement'—it is a gun to the head."
In the case of Trump using the fear of actual violence as a political tool, Roberts's metaphor is even more apt.
"In this case, the financial 'inducement' Congress has chosen is much more than 'relatively mild encouragement'—it is a gun to the head."
In the case of Trump using the fear of actual violence as a political tool, Roberts's metaphor is even more apt.
