Ty to @openargs for having me on to discuss a mostly-overlooked recent #SCOTUS decision, creeping fash, the Lando Calrissian of the Canadian border, the final demise of the Trump #publiccharge rule, + that time Steven Seagal shot a puppy in the head to impress Joe Arpaio
Going to drop a few footnotes below with citations to things I mentioned in this episode:
First, here's the outstanding longform Politico piece I mentioned re: the history of CBP after its creation as part of DHS in 2003. It's a little dated now but well worth the time
Here's the 1975 #SCOTUS case which permits border cops to base a stop on "Mexican appearance" so long as it is not the *only* reason. It's the only place I'm aware of where the modern Court has signed off on open racial discrimination to any degree
Here's the sordid story of how the star of a movie literally called "Above the Law" teamed up with Maricopa County Sheriff Joe Arpaio to go ham on a chicken farmer and shoot his puppy just to make a shitty TV show that no one watched
Grandin's book on the history of the weird imaginary line across our southern frontier both as a matter of legal and cultural imagination is required reading on this subject
Even more on point, @ReeceJonesUH has an entire book on this exact subject coming soon which I'm not so much looking forward to as bracing myself to read and I'm sure I'll be referencing for years to come
Here's the video from Minneapolis I mentioned as an example of the kinds of things Trump unleashed CBP to do outside the 100-mile zone. CW: unchecked American fascism
Refreshing #SCOTUS site while waiting on a hearing in #Dorchester hoping to vacate the decades-old case which resulted in my client's deportation eager to learn which of our rights the elder gods deign fit to preserve. Thurgood Marshall is on the wall, + he doesn't look happy
I continue to believe they'll hold Dobbs until the very end--as they always do for the big ones--but literally on the edge of my seat for the #MPP decision
In this courtroom full of Black faces a white judge is being assisted by white clerks, white court officers, + a white probation rep while white prosecutors + defense attorneys (including me ofc) litigate cases controlled by white-majority SJC + SCOTUS rulings. Welcome to Boston
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.
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
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"