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Margot Cleveland Profile picture
Margot Cleveland
@ProfMJCleveland
Senior Legal Correspondent @FDRLST, Of Counsel @NCLALegal, ~25 yrs 7thCir law clerk, former full-time univ. faculty, Catholic conservative, wife to DH/mom to DS
276 subscribers
May 15 • 12 tweets • 3 min read
THREAD on broad thoughts from hearing: My "gut" is that SCOTUS will follow what I call the Kavanaugh approach to nationwide injunctions and hold that there are rules & those must be followed and those rules require class certification to provide relief beyond Plaintiffs. 1/ 2/ Justice Kavanaugh (echoed by several other justices) stressed that exigent circumstances purportedly justifying nationwide injunctions don't exist because courts can grant TRO/Preliminary Injunctions for putative classes (meaning class action lawsuits not yet certified).
May 15 • 21 tweets • 10 min read
🧵on SCOTUS Nationwide Injunction re birthright citizenship case. Couple preliminary points: The argument is NOT about the merits of the birthright citizenship case. You may hear reference to the APA or the Administrative Procedure Act. This case does NOT concern APA. 1/ 2/ Justices may reference APA b/c whether nationwide injunctions are appropriate under APA is a different issue (again not before the court). You'll also hear discussion of "organizational standing". Standing means ability to "stand" before court & ask for remedy b/c YOU are hurt
May 13 • 16 tweets • 5 min read
🚨🚨🚨BREAKING: Trump Administration pounds SCOTUS in new filing asking court to lift administrative injunction entered for non-parties in the Alien Enemies Act case. h/t @gvincentamore 1/ 2/ Here's full filing. Comments to follow: supremecourt.gov/DocketPDF/24/2…
May 9 • 7 tweets • 1 min read
🚨🚨🚨HUGE development in Alien Enemies Act case that SCOTUS entered a stay for an entire class that had not been certified. District judge now denies class certification. 1/ 2/ Full order: storage.courtlistener.com/recap/gov.usco…
May 3 • 14 tweets • 7 min read
🚨🚨🚨BREAKING: HUGE win from Trump Administration and D.C. Circuit enters stay of lower court injunction. Lower court barred Trump Administration from managing Voice of America. D.C. Circuit stayed decision allowing Trump to move forward w/ firings/grant terminations. 1/ 2/ Full order. Thoughts follow. storage.courtlistener.com/recap/gov.usco…
May 2 • 16 tweets • 4 min read
🚨New filing in Boasberg Alien Enemies Act case. Amazing this must be said! 1/ Image 2/ That excerpt was from a Declaration filed by Trump Administration in support of its Response in Opposition to New Motion for a Preliminary Injunction. This Response is interesting as it is first effort by Trump Administration to explain whether it is in constructive control
May 1 • 22 tweets • 7 min read
🚨🚨🚨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! Image
Apr 30 • 5 tweets • 2 min read
🚨Folks, I'm seeing A LOT of what I believe is misreporting regarding an order entered yesterday by Judge Thurston. Her ACTUAL order appears to be consistent with federal law: 1/ Image
Image 2/ So she is NOT saying they can't arrest without a warrant and it should be easy to prove "flight risk" on an individual basis...in fact that's precisely what ICE requires, which prompted Trump Administration to argue case was moot.
Apr 30 • 10 tweets • 4 min read
🚨🚨🚨BREAKING: On Sunday, @NCLAlegal on behalf of its clients, @FDRLST and @realDailyWire sent letter to Attorney General Bondi in response to President Trump's EO on censorship and Secretary Rubio's recent announcement of closing new censorship HUB is State Department. 1/ Image 2/ The letter applauded the President's change in policy and efforts undertaken to protect First Amendment rights but noted ongoing concerns. Image
Apr 29 • 4 tweets • 1 min read
🚨Judge just entered clarifying order in case of 2 year old American. Judge's clarification provides helpful context: In short, Judge sees factual dispute concerning whether mom wanted to take 2 year old or not & that is the Court's concern. 1/ 2/ (Sorry got pulled away): Judge's comments & order make much more sense now AND if a legitimate habeas case, Judge seeking to make factual determination would be appropriate, although mom's letter has not been called into question by any of evidence.
Apr 27 • 5 tweets • 1 min read
🔥My thoughts below were stream of conscious but after processing, I think it is a huge "discovery" I noted: In short, attorney originally referred to father of 2 year old as husband of mother but in court documents only called him "partner." 1/ 2/ Under Louisiana law, if parents are NOT married at time of birth, then mother has all custodial and parental rights. Dad has to prove fatherhood (here proven by birth certificate) AND then obtain legal custodial/parental rights via court proceedings.
Apr 26 • 9 tweets • 3 min read
Few additional points: Mother was in "custody" but ICE wasn't holding custody of 2 year old, but rather allowed mother to keep her 2 year old with her in the hotel in which was staying pending deportation. 1/ "2/ Second, the father is never referred to as the "husband" in the court filings and instead is referred to as the mother's "partner." That matters because LA statute speaks of either parent having "parental authority" during marriage. Image
Apr 25 • 14 tweets • 6 min read
🚨Criminal complaint unsealed in case of Wisconsin judge helping illegal. It is just jaw-dropping that a judge would do this to help this character! Image 2/ Not merely 3 counts of domestic batter with physical pain or injury but he had already been deported once and illegal returned! Image
Apr 25 • 5 tweets • 2 min read
🚨🚨🚨District court entered injunction barring Trump Administration from taking steps to implement president's determination that unions no longer represent certain employees based on federal statute Trump invoked: 1/ Image 2/ Here is Trump's brief explaining background etc. storage.courtlistener.com/recap/gov.usco…
Apr 25 • 7 tweets • 2 min read
🚨Yet another effort to interfere in Trump Administration's management of agencies filed today regarding DHS's terminations of employees. Lawsuit filed by three organizations seeks, among other things: 1/ Image 2/ Here's docket: courtlistener.com/docket/6993865…
Apr 24 • 4 tweets • 2 min read
🚨🚨🚨BREAKING: Court unseals procedure for Alien Enemies Act removals, explaining notice & process. 2 key points: First, notice is given in native language, so did ACLU mislead court by focusing on written notice being only in English? 1/ Image
Image
Image 2/ Notice provided, as Declaration states, is more than provided in expedited removal cases. THIS point was made in appeal filed in 10th Cir. earlier. Given Courts have held less process is due in other situations, where not dealing w/ terrorists, hard to say not enough here.
Apr 24 • 8 tweets • 3 min read
Thanks to @Philippicae for tagging me on just filed appeal by Trump Administration in 10th Circuit challenging Colorado district court ruling in Alien Enemy Act case. 1/ 2/ Entire brief is a must read for several reasons. storage.courtlistener.com/recap/gov.usco…
Apr 23 • 4 tweets • 2 min read
🚨🚨🚨Another federal judge entered another injunction trumping the Trump Administration's executive authority. The D.C. Circuit has already stayed similar injunctions holding claims must go to the Court of Claims. Here we have that plus employment disputes. 1/ Image
Image 2/ Not only does the Court seek to control operation of Voice of America, it is requiring the Trump Administration to report in on a monthly basis on its operations. Trump Administration's brief highlights the many reasons Plaintiffs' claims fail. storage.courtlistener.com/recap/gov.usco…
Apr 22 • 7 tweets • 3 min read
🚨🚨🚨BREAKING: Judge in Garcia case enters order regarding discovery, i.e., what Trump Administration must answer/provide as evidence. 1/ 2/ Link. Comments to follow. storage.courtlistener.com/recap/gov.usco…
Apr 22 • 5 tweets • 3 min read
🔥🔥🔥WHOA...I just now am seeing Judge Hendrix's scathing order chastising the ACLU for its effort to engage in ex parte communications with the Court. 1/ 2/ Full order here. storage.courtlistener.com/recap/gov.usco…
Apr 21 • 6 tweets • 2 min read
If you've been following the machinations of the Alien Enemies Act case that SCOTUS intervened in in the midnight hours, @JoshMBlackman has written several must-read pieces @reason. I've agreed with nearly everything, but disagree on this point: 1/ Image 2/ While I could see the clerk telling SCOTUS clerk 5th Circuit judges had stated opinion would be issued shortly, I doubt that the clerk would have said anything on merit because the clerk of the court likely didn't know.