Leah Litman

That would be ideal. You know, what's taking so long is the Supreme Court created this situation where they forced everyone to use this other procedural mechanism to challenge the Alien Enemies Act. Obviously, you can't use the Alien Enemies Act here. You know, it's not just the declassified intelligence reports and whatnot.

We can all read and the statute says it applies to foreign nations when there's been a predatory incursion or invasion. None of these things are true here. So...

We can all read and the statute says it applies to foreign nations when there's been a predatory incursion or invasion. None of these things are true here. So...

He went to Yale. It doesn't really count.

He went to Yale. It doesn't really count.

I hesitate to say no court will because I am well aware of some of the individuals that Donald Trump has appointed to the lower courts. You know, there was the classic let me order a nationwide ban on medication abortion, you know, doozy from Matthew Kaczmarek. There's the Eileen Cannon specials of basically single handedly preventing abortion. Right. Like, again, we can all read.

I hesitate to say no court will because I am well aware of some of the individuals that Donald Trump has appointed to the lower courts. You know, there was the classic let me order a nationwide ban on medication abortion, you know, doozy from Matthew Kaczmarek. There's the Eileen Cannon specials of basically single handedly preventing abortion. Right. Like, again, we can all read.

The Constitution says no person shall be denied life, liberty, property without due process. It's not limited to citizens. Also, no one is asking for full-blown trials for every individual who is part of immigration proceedings. All they're asking for is justice.

The Constitution says no person shall be denied life, liberty, property without due process. It's not limited to citizens. Also, no one is asking for full-blown trials for every individual who is part of immigration proceedings. All they're asking for is justice.

some sort of hearing before, by the way, an executive branch official, like an asylum officer or immigration judge or board of immigration appeals. And it's not my fault that Donald Trump has fired a bunch of people, made civil service intolerable, and is terrorizing bureaucrats. They could offer these hearings if they wanted to. Instead, they have opted for effectively concentration camps.

some sort of hearing before, by the way, an executive branch official, like an asylum officer or immigration judge or board of immigration appeals. And it's not my fault that Donald Trump has fired a bunch of people, made civil service intolerable, and is terrorizing bureaucrats. They could offer these hearings if they wanted to. Instead, they have opted for effectively concentration camps.

Just because the Supreme Court says something does not make it true, John.

Just because the Supreme Court says something does not make it true, John.

And this is one of the big lessons of my book, Lawless, because while the Supreme Court said the government acknowledged that people were entitled to notice and the opportunity to challenge their detention, in fact, the actual papers that the government filed said they were under no obligation to modify when an individual was deported or expelled in order to give them time to challenge their deportation.

And this is one of the big lessons of my book, Lawless, because while the Supreme Court said the government acknowledged that people were entitled to notice and the opportunity to challenge their detention, in fact, the actual papers that the government filed said they were under no obligation to modify when an individual was deported or expelled in order to give them time to challenge their deportation.

The government took the outlandish position that Basically, everyone walks around with habeas petitions in their pockets and boots. And so whenever they are arrested or removed, they have an opportunity to challenge their detention because they can just whip out that ready-made habeas petition that they all have, you know, in their wallets and handy.

The government took the outlandish position that Basically, everyone walks around with habeas petitions in their pockets and boots. And so whenever they are arrested or removed, they have an opportunity to challenge their detention because they can just whip out that ready-made habeas petition that they all have, you know, in their wallets and handy.

So, you know, yes, the government kind of acknowledged that everyone is entitled to due process, but they just define that to basically mean nothing. And the Supreme Court knew that.

So, you know, yes, the government kind of acknowledged that everyone is entitled to due process, but they just define that to basically mean nothing. And the Supreme Court knew that.

You know, I think part of the difficulty is the government is trotting out so many different bases for deporting and expelling people that even if you were carrying around a handy habeas petition challenging one possible basis on which the government might send you to a foreign mega prison, no guarantee that that's the actual ground they would invoke.