Before his role in instigating #J6, #JohnEastman was just the clown who was out there arguing that Ted Cruz, born in Canada, was obviously able to meet the Constitutional "natural-born citizen" requirement to be President while Kamala Harris, born in California, was not
I don't care where Ted Cruz was born bc there are so many other reasons he shouldn't be President! And IMO like all immigration law "natural-born citizen" should be interpreted as broadly as possible. (I'd also allow naturalized citizens a chance, but that amendment would be DOA)
Also, this truly pathetic followup from @newsweek was apparently the best they could do to justify having dignified Eastman's logorrhea. This denial of "birtherism" is like assuring someone you just tried to murder that it wasn't bc of their bad breath
Anyway, this wingnut read of the 14th Amendment is about as popular among legal scholars as climate denialism is among scientists, and about as helpful to society
• • •
Missing some Tweet in this thread? You can try to
force a refresh
NEVER FORGET that the first Nazi bookburning was an organized attack on the Institute for Sexual Research, in which more than 20,000 works on queer and (especially) trans issues were destroyed and the 1st trans woman in ever to receive gender affirmation surgery was murdered.
Standing up for trans people isn't just doing right by them. It's pushing back against the tip of the spear. This has all happened before, and it's on all of us to be sure it never happens again
the Weimar Republic was in many ways a radically progressive society which was far ahead of its time in not only recognizing but even granting special protections to trans citizens which the Nazis could not abide. It can happen here.
Monday's #SCOTUS decision denying detained immigrants the right to a class action to challenge their custody just became very real for me, my asylum-seeking client, and who knows how many other people detained in Mississippi (and beyond) right now in unconstitutional limbo
If you haven't already seen it, pls re-read this excerpt from Sotomayor's dissent in Gonzalez and consider the horrific reality of what she is saying. Alito has for all intents made the law of detention voluntary for ICE in the majority of detained cases
Locking someone up indefinitely without telling them why and presenting no formal evidence to support their detention is the least Constitutional scenario I can imagine. We don't even do this to Gitmo detainees, and t would be national news if a U.S. citizen were treated this way
Although specifically reviewing class actions by detainees, this decision would appear to bar most injunctive class actions against immigration authorities. Pls read Sotomayor's summary in her dissent of the enormous burden #SCOTUS has just placed on immigrants & advocates
the Biden admin pushed for MUCH WORSE
"[T]he Court rightly does not embrace the Govt's 11th-hour suggestion... to hold that [the INA] bars even classwide declaratory relief, [which] would leave many noncitizens with no practical remedy whatsoever against clear violations..."
1/ NEVER FORGET that hrs before #January6th, Trump initiated the designation of an imagined domestic enemy he called "Antifa" as a criminal terrorist organization & gave DHS broad powers to enforce against suspected non-citizen members & supporters.
2/ This order came to mind this morning as I continued to consider the implications of yesterday's #SCOTUS decision immunizing #CBP and #ICE from judicial accountability for abuses of power against ordinary people. Let me tell you where this goes.
3/ The order confirmed that DOJ had already collected enough evidence to deem "Antifa" (which is, again, not an actual thing) a domestic terror organization and recommended that State add them to 2 different lists: (1) "criminal organizations" and (2)"terrorist organizations"
1/Writing for a 6-3 majority today, #SCOTUS Justice Clarence Thomas just ended your well-established right to sue federal law enforcement agents not only for violent abuses of power, but any ensuing acts of retaliation against you for reporting them. We need to talk about this.
2/ Thomas is already the most regressive justice in our lifetimes, consistently comforting the comfortable and giving voice to the already-extremely-well-voiced: cops, bosses, Gitmo jailers, etc. As of today we can add violent border agents to the list.
3/ Today's case involves a guy who lives ON the Canadian border who publicly held himself out as a smuggler, ran a B&B called "Smuggler's Inn," & literally smuggled people in a vehicle with "SMUGLER" vanity plates. He was also a well-paid federal snitch, because of course he was
TFW you've reached a joint agreement with DHS in a difficult detained case which gets your client the best possible outcome under the circumstances only to have a Trump-appointed immigration judge a time zone away reject that joint agreement using the wrong legal standard
FYI for non-lawyers: it is rare for a judge to decline to accept *any* joint agreement brought to the court in good faith by the parties involved
IJ: Counsel, do you reserve appeal?
ME: Yes
JUDGE: well I hope that doesn't keep him in custody at govt expense too much longer
*angry pause*
ME: I have to say that everyone here was hoping we'd reached a solution which would save the govt the trouble
IJ: that's out of my hands