🚨🚨🚨BREAKING: Federal district court enters first merits ruling on Alien Enemies Act habeas case. On question of class certification: Court punts on whether class cert. under Rule 23 is available & considers if All Writs Act provides analog, i.e. another way to do a class. 1/
2/ Court holds "yes," so treating it as a class action which allows ACLU to represent all terrorists Trump seeks to remove under Alien Enemies act whether they ask to challenge removal or not!
3/ Note: This remains limited to the jurisdiction of the d.ct. though, so ACLU still seems to need to file "class actions" in all 94 districts...well it would need to if SCOTUS hadn't entered a stay in a non-case with non-plaintiffs already!
4/ Here's "class".
5/ Here is merit's opinion on habeas: Comments to follow. Big picture: This will expedite resolution of these issues as final decision on merits will get to Fifth Circuit & then SCOTUS. storage.courtlistener.com/recap/gov.usco…
6/ Here is the permanent injunction order. This is a "loss" for Trump, but it will allow this case to move forward and precedent to now be established from appellate courts. storage.courtlistener.com/recap/gov.usco…
7/ Court enjoins Trump Administration by finding Alien Enemies Act (AEA) does not provide basis for removal under circumstances stated in injunction. In footnote, court addresses some other issues too.
8/ Court first considers whether it has jurisdiction to consider Trump's proclamation or whether it is barred by political question doctrine. Court holds it has jurisdiction to "construe" AEA's "terms" & whether Trump properly invoked statute.
9/ Court explains that means he can interpret meaning of "invasion," "predatory incursion," and "foreign nation or government,"
10/ But court can't question if such events occurred. This analysis appears correct to me.
11/ This language COULD be problematic depending on how much detail court demands from President.
12/ Court rejects ACLU's argument that ACLU can debate facts "on the ground"--that is political question per court.
13/ Court does NOT reach issue of whether notice satisfies due process because it concludes removal under AEA is not proper.
14/ Court holds Trump Administration need not provide option to terrorists to "voluntarily depart."
15/ Court first interprets meaning of "invasion" or "predatory incursion" and holds must be "organized, armed force entering US to engage in conduct destructive of property & human life in specific geographical area,"-need not be precursor to actual war.
16/ Court doesn't address what "foreign nation or government" requires under statute because it can resolve case without deciding issue.
17/ Court then considers whether "predatory invasion," after first noting it must take facts set forth by Trump as true.
18/ Judge decides though that Proclamation fails to establish a predatory invasion because it doesn't speak of "organized" "armed" attacks. NOTE: It would seem Trump will update the Proclamation to address this supposed shortfall.
19/ Court then rejects ACLU's argument that AEA can't trump CAT (Convention Against Torture), with Court holding it lacks jurisdiction to decide that issue.
21/ Closing thoughts: Judge wrote measured opinion that IMNSHO is correct on many fronts, but fails to fully consider Trump's stated justification for it being an "incursion"--it is. BUT judge also gave Trump blueprint for what to say to satisfy AEA, given court can't 2nd guess.
22/22 Finally, while I thought this would quickly expedite resolution of AEA cases through appellate process, I doubt that now b/c Trump can revise Proclamation to ensure AEA applies & then all other issues still exist, such as if "government" & if Defendants are tDa members.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
🚨🚨🚨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/…