Ruth Marcus
👤 PersonAppearances Over Time
Podcast Appearances
The administration, time after time, has come into court with really preposterous legal theories offered up by lawyers who do not know the facts of the cases before them. When did these flights take off? Can't say. How many people were on these flights? Can't really tell you that. Judges do not take well to that. And when you get the judge in a bad mood, he or she may tend to rule against you.
The court said, Judge Boasberg, you issued this order saying stop these flights. The problematic thing that the court said was, okay, you Venezuelans who have sued in Judge Boasberg's court, you're in the wrong court. You need to be in court where you're being held, which is in Texas.
The court said, Judge Boasberg, you issued this order saying stop these flights. The problematic thing that the court said was, okay, you Venezuelans who have sued in Judge Boasberg's court, you're in the wrong court. You need to be in court where you're being held, which is in Texas.
The court said, Judge Boasberg, you issued this order saying stop these flights. The problematic thing that the court said was, okay, you Venezuelans who have sued in Judge Boasberg's court, you're in the wrong court. You need to be in court where you're being held, which is in Texas.
You need to be using a different theory of law, which is bringing a case under what's called habeas corpus as a practical matter, uh, Things would be much better off for these Venezuelan plaintiffs if they remained in Judge Boasberg's court.
You need to be using a different theory of law, which is bringing a case under what's called habeas corpus as a practical matter, uh, Things would be much better off for these Venezuelan plaintiffs if they remained in Judge Boasberg's court.
You need to be using a different theory of law, which is bringing a case under what's called habeas corpus as a practical matter, uh, Things would be much better off for these Venezuelan plaintiffs if they remained in Judge Boasberg's court.
I think this is the legal doctrine of oopsie. You may remember that the president of El Salvador famously tweeted after the Venezuelans arrived. He tweeted oopsie. And that's a little bit what the administration is saying in the case of this Salvadoran man, which is oopsie. We made a mistake, but he's in El Salvador, so can't really... fix that. First of all, of course they can fix that.
I think this is the legal doctrine of oopsie. You may remember that the president of El Salvador famously tweeted after the Venezuelans arrived. He tweeted oopsie. And that's a little bit what the administration is saying in the case of this Salvadoran man, which is oopsie. We made a mistake, but he's in El Salvador, so can't really... fix that. First of all, of course they can fix that.
I think this is the legal doctrine of oopsie. You may remember that the president of El Salvador famously tweeted after the Venezuelans arrived. He tweeted oopsie. And that's a little bit what the administration is saying in the case of this Salvadoran man, which is oopsie. We made a mistake, but he's in El Salvador, so can't really... fix that. First of all, of course they can fix that.
But I think the thing that is important about this case is not just that it seems like this absolutely scary moment that is happening to this poor guy who was living a perfectly normal suburban life in Maryland. If we take this theory of the case to be true, that there's no recourse to be had once he's in El Salvador, that could happen to any of us.
But I think the thing that is important about this case is not just that it seems like this absolutely scary moment that is happening to this poor guy who was living a perfectly normal suburban life in Maryland. If we take this theory of the case to be true, that there's no recourse to be had once he's in El Salvador, that could happen to any of us.
But I think the thing that is important about this case is not just that it seems like this absolutely scary moment that is happening to this poor guy who was living a perfectly normal suburban life in Maryland. If we take this theory of the case to be true, that there's no recourse to be had once he's in El Salvador, that could happen to any of us.
They could pick you or me up on the street, even though we're American citizens, and do much the same to us.
They could pick you or me up on the street, even though we're American citizens, and do much the same to us.
They could pick you or me up on the street, even though we're American citizens, and do much the same to us.
There is going to be a set of cases that come to the court. And the Trump administration, from my point of view, is pretty much guaranteed to win some of them. I'm thinking about cases that challenge the ability of the president to fire the commissioners of independent agencies. That's going to be just a clear win for President Trump. But
There is going to be a set of cases that come to the court. And the Trump administration, from my point of view, is pretty much guaranteed to win some of them. I'm thinking about cases that challenge the ability of the president to fire the commissioners of independent agencies. That's going to be just a clear win for President Trump. But
There is going to be a set of cases that come to the court. And the Trump administration, from my point of view, is pretty much guaranteed to win some of them. I'm thinking about cases that challenge the ability of the president to fire the commissioners of independent agencies. That's going to be just a clear win for President Trump. But
There's going to be other cases in which I think it's very clear the administration is going to outright lose. The clearest one to me involves its effort to unilaterally, through executive order of all things, rewrite the constitutional guarantee of birthright citizenship. Trump knows he can't get this through Congress, has issued an executive order.