Not a single president in the history of the United States has ever asserted the authority to unilaterally deport someone outside of the procedures set by Congress until now.
Holy crap. The DOJ is arguing that the President can unilaterally deport anyone he wants without ANY statutory authority, just on his inherent authority as President over national security. That is a terrifying claim to make and not one that has ever been recognized before in US history.
-- Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) March 15, 2025 at 4:12 PM
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Related ...
Judges raise concerns about threats to independence amid criticism of decisions, calls for impeachment (March 11, 2025)
www.cbsnews.com
... A pair of federal judges warned Tuesday of continued threats against members of the judiciary amid criticism leveled by Elon Musk and threats of impeachment by Republicans in Congress. They warned such attacks strike at judicial independence.
Judges Jeffrey Sutton and Richard Sullivan, who sit on the federal appeals courts, raised concerns about the increase in threats against judges in a call with reporters hosted by the Judicial Conference, the policymaking body for the federal judiciary.
Sullivan, who chairs the committee on judicial security, said the protection of judges and federal courthouses around the country is a top priority for the judiciary and recent cuts to the U.S. Marshals Service's budget is a concern. The agency provides security for federal courts and judges.
"Our system of government is premised on three independent branches and a judiciary that can function independently," he said. "That's what makes it work, and so it's crucial that people understand that." ...
Lex Rex... the Law is King, not Rex Lex where the King is Law.
Which is the very basis of constitutionalism.
www.google.com
Unless of course one is in a cult, then nothing else matters.
Manic Street Preachers - If You Tolerate This Your Children Will Be Next (1998)
www.youtube.com
Lyrics excerpt ...
genius.com
...
The future teaches you to be alone
The present to be afraid and cold
So if I can shoot rabbits
Then I can shoot fascists
Bullets for your brain today
But we'll forget it all again
Monuments put from pen to paper
Turns me into a gutless wonder
[Chorus]
And if you tolerate this, then your children will be next
And if you tolerate this, then your children will be next
Will be next, will be next, will be next
...
Another view ...
'Oopsie, too late' - US courts tested by Trump's latest deportations
www.bbc.com
... On Saturday, the US government put hundreds of Venezuelans on planes which swiftly took off for the accused gang members' ultimate destination: an El Salvadorean mega-prison.
A judge then ordered the planes back, telling the government's lawyers verbally that they should do so "however that's accomplished " whether turning around the plane or not."
But the court order was never heeded, the planes stayed the course.
"Oopsie ... too late," El Salvador's president, Nayib Bukele, posted on X after the deportees landed in his country. He included an emoji crying with laughter. The post was reshared by the White House's director of communications, Steven Cheung.
Little information has been provided about the identities of those detained, but a large number were Venezuelan and the Trump administration alleges the deportees -- apparently rounded up at the weekend -- are all members of Tren de Aragua, a notorious transnational criminal gang.
Attorneys for some of the deportees refute that claim and human rights groups have raised concerns about the lack of due process.
This incident has ignited fears that the White House is willing to openly defy a federal court order, setting it on a potential collision course with America's judicial branch.
In America's system of government checks and balances, federal courts in the judicial branch have the responsibility of reviewing actions by the president and the government agencies in the executive branch tasked with enacting laws passed by Congress. An order issued by a judge is binding - and noncompliance can result in civil and criminal sanctions.
It very rarely gets that far, however, as involved parties traditionally defer to a judge's ruling. ...
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