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ICE Arrests Newark Mayor For … Ummm, Body Slam?

Above The Law

Not content with arresting judges, ICE is now arresting mayors who have the temerity to object to rounding up immigrants and warehousing them in ICE detention facilities. billion contract to run a 1000-bed immigration facility in his town as a hub “serving” the New York metro area. But as Rep.

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May Aliens Be Being Denied Lawful Permanent Resident Status Based on Their Speech?

The Volokh Conspiracy

The two judges in the panel majority seem to disagree, stating that "the [Board of Immigration Appeals] penalized Qatanani for quintessential First Amendment activity," but declines to discuss the matter in detail because it concludes Qatanani should prevail on statutory and procedural grounds.) Attorney General. Williams (1904). California.

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US Ninth Circuit blocks removal of California National Guard from federal control

JURIST

Assistant Attorney General Brett Shumate, representing President Trump and the Department of Defense (DOD), argued Breyer had no authority to review the president’s determination of any of the elements of the statute, calling such a decision an “extraordinary intrusion on the President’s constitutional authority as Commander in Chief.”

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The Myth Of The Modern Swing Vote

Above The Law

Justice Barretts influence, once assumed to be rigidly conservative, is quietly increasingparticularly in cases touching on procedural fairness, personal liberty, or the limits of government power. The Court ruled that the governments use of fragmented notices in removal proceedings violated statutory requirements.

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A blockbuster finale looms

SCOTUSBlog

The relists this week look especially likely to yield grants, with the government or respected “friends of the court” urging review. The federal government – normally in the business of defending federal statutes – filed a brief agreeing with the challengers and urging the justices to take up the case. The real eyebrow-raiser?

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A Bad Decision on Nationwide Injunctions

The Volokh Conspiracy

78, and still today, this statute "is what authorizes the federal courts to issue equitable remedies," S. America fought the Revolutionary War to be free of arbitrary government power of the sort often wielded by the British monarchy. With its ruling today, the majority largely grants the Government's wish. Bray & E.

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Whose irreparable harm?

SCOTUSBlog

But I have seen little written on the majority opinion’s discussion of what the government must show to obtain a stay of an injunction. In all of the cases in which the government is seeking emergency stays, the lower courts have found that these factors favor the plaintiffs. That is enough to justify interim relief.”