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someone who is literally on the Hart & Wechsler casebook saying habeas corpus is the answer
constitutional lawyers use your fucking brain challenge www.politico.com/news/2024/07...
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"lawless presidential conduct can be prevented by reference to law" kind of misses what's happening in some important ways
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How does Roberts square his decision now with his repudiation of Korematsu, "The forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority"? How is it so when you can't review acts?
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I mean, the simple answer is that he just doesn't
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Roberts doesn’t even square his disapproval of korematsu with his disapproval of korematsu. Korematsu specifically disavowed the thing Roberts said was korematsu’s holding when he disavowed it.
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him "disavowing it" in TvHI made me sick in my stomach anyway. Like, how fucking dare you say you're repudiating Korematsu in a case where you're holding the Muslim Ban legal. Fucking monstrous decision.
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wE caNt rEvIeW tHe pResiDenTs oBvioUs mOtiVes wHeN hE sAys tHeY arE sEcrEt aftEr sAyiNg iT oUt lOud oN teLeVisiOn
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While i do love that SpongeBob memes have finally given English a diacritical sarcasm marker (sincerely linguistically fascinating!) i wish it were less painful to read
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It wasn’t just substantively monstrous. If i described Korematsu like that in a brief, the judge would be justified in imposing Rule 11 sanctions for misrepresenting a cited authority.
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It’s sickening that Jackson’s judicial lineage produced the chief judge that handed a would be tyrant an even more terrifying load weapon.