CURRENT EVENTS - May 8-14

superrific said:
If they try to suspend the writ, that's when it's time for the citizens to storm the White House. Every single person associated with the decision should held as enemies in Gitmo and never again see the light of day.
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This seems like a pretty big f'n deal. I'm afraid you may be right. It might be time to hit the streets with a little more intense energy if they try to follow through with this bullshit. Sound the f'n alarm bell.
 
Yeah, we’ve been toeing a tinpot dictatorship since day one - it appears they’re about to go full authoritarian tinpot.
 
MOUNTAINH33L said:
This seems like a pretty big f'n deal. I'm afraid you may be right. It might be time to hit the streets with a little more intense energy if they try to follow through with this bullshit. Sound the f'n alarm bell.
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Especially in light of the Framers' exceedingly high opinion of the Great Writ. Without habeus, there's nothing to prevent arbitrary imprisonment.

I've got to think that an attempt to suspend habeus would be instantly struck down by the courts, given that they would lose all power under those circumstances. Even the Supremes.
 
superrific said:
Especially in light of the Framers' exceedingly high opinion of the Great Writ. Without habeus, there's nothing to prevent arbitrary imprisonment.

I've got to think that an attempt to suspend habeus would be instantly struck down by the courts, given that they would lose all power under those circumstances. Even the Supremes.
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This is my hope. As I know you know, habeas corpus is an absolute guarantee under the constitution unless I.9.2 applies, which reads:

"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

Section 9 is titled "Powers Denied Congress," which strongly suggests the only entity capable of suspending habeas in any scenario is Congress.

And Clause 2 makes it clear the suspension only applies in cases of "rebellion or invasion."

I'm cautiously optimistic even this SCOTUS would find (1) habeas can only be suspended by Congress, and (2) if it is suspended by Congress, it can only be suspended with respect to "rebels" or "invaders." If we get to #2 (which would be a travesty in its own right), I would be deeply concerned for my neighbors who have crossed the border without authorization. But it's very hard to imagine a scenario in which SCOTUS finds a suspension of habeas to be enforceable with respect to citizens, or even to those with legal authority to be here.
 
lawtig02 said:
This is my hope. As I know you know, habeas corpus is an absolute guarantee under the constitution unless I.9.2 applies, which reads:

"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

Section 9 is titled "Powers Denied Congress," which strongly suggests the only entity capable of suspending habeas in any scenario is Congress.

And Clause 2 makes it clear the suspension only applies in cases of "rebellion or invasion."

I'm cautiously optimistic even this SCOTUS would find (1) habeas can only be suspended by Congress, and (2) if it is suspended by Congress, it can only be suspended with respect to "rebels" or "invaders." If we get to #2 (which would be a travesty in its own right), I would be deeply concerned for my neighbors who have crossed the border without authorization. But it's very hard to imagine a scenario in which SCOTUS finds a suspension of habeas to be enforceable with respect to citizens, or even to those with legal authority to be here.
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I'd add also that the clause "the public safety may require it" carries some weight as well. There needs to be a demonstrable threat that judicial review would exacerbate. I think that is also clearly lacking here.
 
There is a reason the Trump Administration has been referring to a significant presence of immigrants as "an invasion" since before the election. Stephen Miller is writing the script.
 
nycfan said:


Q: “"Knowing this, are you open and supportive of this constitutional option to suspend the writ of habeas corpus?"

Noem: Yes.
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My favorite response to this tweet...

"Democrats have tried to force us to follow the law, are you open to eliminating the law so we don’t have to follow it?”
 
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