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#constitution

122 posts27 participants1 post today
Public
Kim Perales

“Over 20 GOP & conservative former officials joined together to send a clear message:

Trump’s use of the 1798 Alien Enemies Act is UNPRECEDENTED & UNLAWFUL

His move to deport individuals without due process cannot and should not be tolerated.”
-M Eisen

#RuleOfLaw #Constitution #Justice #Trump #Deportations #DHS #DueProcess #Fascism #Resist #USPol

statedemocracydefenders.org/fu

State Democracy Defenders ActionConservative Group Files Amicus Calling Out the Administration's Use of the Alien Enemies Act - State Democracy Defenders ActionPress ReleaseMarch 22, 2025 WASHINGTON – A group of conservative and independent former government officials and State Democracy Defenders Fund have filed a motion to submit an amicus brief, opposing the Trump administration’s use of the Alien Enemies Act, calling it an unprecedented and dangerous overreach of executive power. The brief raises concerns over the […]
Continued thread
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Nonilex

The confusion over #Trump’s signature prompted some speculation that perhaps the document was signed using an #autopen, a machine that uses real ink to duplicate a human signature. The #DOJ has said the autopen is a legal way to sign official presidential documents, but Trump has ridiculed the practice as inauthentic [& Trump proclaimed Biden’s pardons were invalid for its use].

#FactCheck#TrumpLies#law
Public
Ham on Wry

All this talk about autocracies, dictatorships and the hostile take over of America by Trump and the Nazi Republicans is a little too late. The writing has been on the wall for nearly 10 years.

Talking about remedies and of using Constitutional guardrails that are being dismantled one executive order at a time is like putting on your seatbelt after you’ve already crashed your car into a semi-truck.

#fascism#democracy#constitution
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Nonilex

For more on #MomodouTaal’s case →

democracynow.org/2025/3/21/hea

Democracy Now!International Student Activist Momodou Taal Sues to Block Trump Orders Targeting ProtestersAt Cornell University in New York state, outspoken international student activist Momodou Taal has filed a lawsuit along with two others, seeking to block Trump’s executive orders targeting Palestinian rights activists. The three Cornell plaintiffs argue they’ve been “unconstitutionally silenced.” Last year, Momodou Taal, a British and Ghanaian national, was twice suspended for his activism by Cornell, which moved to cancel his student visa but ultimately backed down. Taal says law enforcement agents started following him around after he filed his lawsuit earlier this week. Supporters at Cornell mobilized Thursday to demand “hands off Momodou!” Last month, Taal told Democracy Now! why he would never stop advocating for Palestinian rights. Momodou Taal: “When we say Palestine is a litmus test, we’re saying that it is not that we privilege the Palestinian cause over every other cause, but rather Palestine holds a mirror up unto the world and says, 'What kind of world do we want to live in?'” Click here to our full interview with Momodou Taal.
#immigration#law#Constitution
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Nonilex

Another case like #MahmoudKhalil & #BadarSuri:

On March 15, #MomodouTaal, a #CornellUniversity PhD student w/ #UK & #Gambia citizenship, here on a #StudentVisa, filed a lawsuit seeking to overturn #Trump's EO aimed at foreign students accused of "antisemitism”.

This morning at 12:52AM, the #DOJ emailed asking him to come to #ICE to be detained & put into removal proceedings.

courtlistener.com/docket/69743

Excerpt: Under the subject line “Momodou Taal et al v. Trump, 25-cv-335 (NDNY),” the government informed the undersigned for the first time that the government intended to serve Mr. Taal with a Notice to Appear (NTA), and that they intended to take Mr. Taal into the custody of Immigration and Customs Enforcement. Given that this information confirms the factual basis for Plaintiffs’ request for an emergency temporary restraining order, ECF No. 23, and the increased urgency with which the Court’s intervention is needed, we respectfully request the Court construe this letter as any procedurally appropriate vehicle to obtain the same.
#immigration#law#Constitution
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Nonilex

This morning, Dpty AG (& fmr #Trump #criminal defense atty who lost the case that resulted in Trump becoming the first convicted #felon to be elected POTUS in history) #ToddBlanche submitted a sworn declaration at confirming that there are ongoing Cabinet-level discussions that Blanche is involved in about whether the admin will invoke the “#StateSecrets privilege” to shield some info from the court.

Todd Blanche sworn declaration: “I am the Deputy Attorney General of the United States. I am submitting this Declaration in response to the Court's March 20, 2025 Order. On March 20, 2025, the Government submitted a declaration from Robert L. Cerna Il, which stated: "I understand that Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested by the Court's order. Doing so is a serious matter that requires careful consideration of national security & foreign relations, & it cannot properly be undertaken in just 24 hours." I attest to the accuracy of those statements based on personal knowledge of the events described by Mr. Cerna, including my direct involvement in ongoing Cabinet-level discussions regarding invocation of the state-secrets privilege. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true & correct.”
#law#Constitution#immigration
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Nonilex

“[The Court] further expects such deliberations to be concluded by March 25, 2025, which only exceedingly good cause may excuse.

“In addition, to avoid further delay, the Court will require Defendants to show cause on the facts that they have already disclosed as to why the failure to return the class members aboard the 2 earliest planes did not violate the Court's TROs. Further supplementation may be required once particulars are ultimately disclosed.”

#Trump#Boasberg#law
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Nonilex

“To begin, the Govt cannot proffer a regional ICE ofcl to attest to Cabinet-level discussions of the #StateSecrets privilege; indeed, his declaration on that point,…is based solely on his unsubstantiated 'understand[ing].' Although its skepticism concerning the suitability of such privilege…remains, the Court at a minimum requires an ofcl w/direct involvement to swear that deliberations of the privilege's invocation are ongoing at the level Cerna attests.“

#Trump#Boasberg#law
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Nonilex

“Although skeptical of the applicability of such privilege, the Court granted Defendants another 24hrs either to release the information ordered or to invoke the privilege.…

“In an ex parte pleading delivered shortly after today's deadline, the Govt again evaded its obligations.

#Trump#Boasberg#law
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Nonilex

3. By March 25, 2025, Defendants shall file a brief showing cause why they did not violate the Court's Temporary Restraining Orders by failing to return class members removed from the United States on the two earliest planes that departed on March 15, 2025; &

4. Plaintiffs may file any response to such brief by March 31, 2025.

Judge Boasberg’s latest order p1
Judge Boasberg’s latest order p2
Judge Boasberg’s latest order p3
#Trump#Boasberg#law
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Nonilex

#NEW

Order from Judge #Boasberg in #JGGvTrump

1. By March 21, 2025, at 10:00 AM, Defendants shall submit a sworn declaration by a person with direct involvement in the Cabinet-level discussions regarding invocation of the state-secrets privilege;

2. By March 25, 2025, Defendants shall submit a declaration indicating whether or not the Government is invoking the privilege;

storage.courtlistener.com/reca

#Trump#law#Constitution
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Nonilex

#Trump lawyers have *determined* [made up from whole cloth] that an 18th-cent wartime #law Trump invoked to deport *suspected* [presumed] members of a Venezuelan gang allows federal agents to enter homes WITHOUT A WARRANT….

The disclosure reflects the Trump admin’s aggressive view of #PresidentialPower, including setting aside a key provision of the #FourthAmendment that requires a #CourtOrder to search someone’s home.

#immigration#Constitution#DueProcess
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Nonilex

A Statement from #ConstitutionalLaw Scholars on the government's funding cutoff at #ColumbiaUniversity

— Eugene Volokh, Michael C. Dorf, David Cole, & 15 other scholars

The #USgovernment may not threaten #funding cuts as a tool to pressure recipients into suppressing #First #Amendment protected #speech.

#law #Constitution #CivilRights #FreeSpeech #RightToProtest #FreedomOfAssembly #ThoughtPolice #ViewPointDiscrimination #dissent
nybooks.com/online/2025/03/20/

The New York Review of BooksA Statement from Constitutional Law Scholars on Columbia | Eugene Volokh, Michael C. Dorf, David ColeWe write as constitutional scholars—some liberal and some conservative—who seek to defend academic freedom and the First Amendment in the wake of the
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