“Defense Secretary Pete Hegseth approved sending up to 600 military lawyers to the Justice Department to serve as temporary immigration judges. It is part of the steps the Trump administration has taken to use the military in broader ways than previously seen, particularly in its immigration crackdown, including sending the National Guard into American cities and deploying active duty troops to the U.S.-Mexico border.
“These military officers would serve under the command and control of the Attorney General and would execute administrative determinations at the direction of the Attorney General,” according to the letter signed by 12 Democrats on the Senate Armed Services Committee. It added that “these actions are inherently law enforcement actions that may not be performed by members of the armed forces.””
“Chief Justice John Roberts is allowing President Donald Trump to put a Joe Biden-appointed member of the Federal Trade Commission out of her post while the Supreme Court considers a longer-term resolution of the legal battle over her firing.”
So, whether it’s legal or not, Trump gets to go ahead and do it, and even if it turns out to not be legal, much damage will be done and the law ineffective.
“”A lot of the problems with criminal justice in Washington lie in the federal courts where the city’s major prosecutions happen,” writes Josh Barro on Substack, imploring his fellow Democrats to be less dismissive about crime and to offer workable alternatives to Trump’s show-of-force plan. “There are too many judicial vacancies, and the U.S. Attorney’s office has been declining too many prosecutions, meaning too many criminals go free and too many miscreants believe they will get away with crime. Fixing those prosecutorial problems is a federal responsibility—Democrats should say that if Trump wants to be tough on crime, he can start by making sure prosecutors are bringing enough cases and there are enough judges to hear them.””
Supporters of textualism act like it is a simple way of reading the law, but judges who practice textualism often claim a clear text is ambiguous or an ambiguous text is clear based on what fits their political or ideological bias.
“The judge found that many of those swept up in immigration raids were taken to the basement of a federal building in Los Angeles to a room known as “B-18” meant to temporarily house arrestees while they are being processed. Frimpong found that many detainees were held there for hours without access to counsel.”
“”Due process is the most foundational legal principle protecting individual liberty in Western civilization. It dates back to the Magna Carta,” Bolick observed. Yet “we have seen the words due process appear in quotes repeatedly, as if this concept was created by rogue liberal judges to help illegal immigrants stay in the country.””
…
“Bolick is a principled legal thinker and one of the genuine good guys in American law. If he is worried about the health of our constitutional order, we should all pay heed.”