4/ Trump Admin. hits numerous deficiencies: a) ACLU filed application on behalf of clients "does not represent," using "class action" procedure that is not available for habeas claims, and using individuals who deny membership in tDa--which is not others in supposed class.
5/ Interestingly, Trump says SCOTUS order limits removal of tDa members on other other grounds & notes that those held in Texas are removable on other grounds. It is unclear if orders of removal have already been obtain or Trump just means they can get those.
6/ I hadn't read SCOTUS as limiting removal on other basis but it technically is that broad because the proposed class says
"were, are, or will be subject to" proclamation & all tDa members are "subject to proclamation," but could still be removed a different way.
7/ And SCOTUS order says Trump can't remove any member of putative (wanna-be) class and doesn't say don't remove for that reason!
8/ As I noted earlier in another thread, the district court said it was prepared to enter a decision on Plaintiff's request for a class TRO when ACLU filed appeals. Will SCOTUS step off and allow district court to enter its decision?
9/ This was the fundamental flaw with SCOTUS entering it's order:
10/ And again, point I made earlier:
11/11 SCOTUS has created another mess because it is clear it shouldn't have entered its order because: a) no class certified; b) no class can be certified; and c) "norms" would be to allow lower court to rule. BUT if SCOTUS vacates order, Trump will likely immediately deport.
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🚨🚨🚨BREAKING: Trump scores another SCOTUS victory in Birthright Citizenship Case (NOT ON MERITS) but on whether a universal injunction is permitted. HUGELY significant in every case with universal injunctions. 1/ Reading now. Analysis to follow
2/ SCOTUS punts on whether universal relief is necessary in the lawsuit brought by state given the difficulty in providing the states full relief, leaving that to lower court. This punt though doesn't change significance of case before here & in every other case against Trump.
🚨🚨🚨BREAKING: Judge Breyer wades in again re Trump's federalizing of California National Guard in case Newsom brought.
2/ Judge rejects Trump's argument that there cannot be a Posse Comitatus claim given 9th Cir. ruling that Trump could federalize national guard. Judge rejects Trump's request to transfer case to L.A. arguing public interest is to keep with him since he's already up on case.
3/ Court grants expedited discovery on issues related to what troops are doing for purpose of Posse Comitatus claim. So rulings all in favor of Newsom and kicking merits on Posse Comitatus out a month until discovery ends.
🚨SCOTUS delivered Trump another victory earlier today while I was shopping with DS. This case concerned the removal of illegal aliens ordered removed to third countries, with SCOTUS staying injunction barring such removal. 1/
2/ Dissent again rests on not liking what Trump did and ignoring numerous jurisdictional issues. supremecourt.gov/opinions/24pdf…
3/ Beyond resolving issue of aliens in limbo in South Sudan, SCOTUS decision gives Trump & DHS ability to push more forcefully for voluntarily removals.
🚨LIVE COVERAGE here of Preliminary Injunction hearing before Judge Breyer on Newsom's lawsuit to commander National Guard from Trump. Trump Administration had requested stay of proceedings pending 9th Cir. decision but Breyer refused. 1/
2/ Breyer claimed facts on ground and changes would be relevant to PI hearing. Watch for him to sidestep 9th Cir. slap down by framing changes on ground as so substantial that no matter how much deference Trump gets he couldn't federalize troops.
3/ Hearing was suppose to start at 10 PT. Hasn't started yet. Here's link as DH has me picking up a plumbing part so I might not be able to cover depending on when it starts. (At least it's at an old hardware store which has new old stock--which I love--not Lowe/Home Depot.
🔥🔥🔥Grassley letter reviews FBI ordered records destroyed in September 2020. This does NOT conform to records preservation requirements...you know thing FBI raided Mar-a-Lago for! 1/
3/ Still trying to put puzzle together but letter of 5/5 provides solid hints. It'd seem that the destroyed record was related to Biden-Ukraine corruption & to fake briefing Dems had FBI do to falsely frame Grassley & Johnson as peddling Russian disinfo. grassley.senate.gov/imo/media/doc/…