“Two big legal questions are germane to the stunt: one relating to how migrants were induced to board flights and the other relating to using state funds. Legal experts, lawmakers, and the architects of the flights are now debating what was and wasn’t legally permissible about the scheme.
DeSantis, for his part, has said the migrant flights were “clearly voluntary.” Taryn Fenske, a spokesperson for DeSantis, shared with Axios a redacted consent form for the flight. That form mentions a “final destination of Massachusetts” and holds “the benefactor or its designated representatives harmless of all liability” incurred during the journey, which it says is meant to transport the signatory “to locations in sanctuary States.”
Though much of the form is translated into Spanish, the mention of Massachusetts as the final destination is not. The only mention of Massachusetts in the Spanish portion of the redacted document is a handwritten abbreviation: “MA.”
Three of the migrants flown to Martha’s Vineyard filed a lawsuit against DeSantis..alleging that Florida officials “made false promises and false representations” that if they “were willing to board airplanes to other states, they would receive employment, housing, educational opportunities, and other like assistance upon their arrival.” The lawsuit notes that a woman “gathered several dozen people…to sign a document in order to receive a $10 McDonald’s gift card.” Per the suit, the woman didn’t explain what the consent form said. Migrants interviewed by NPR also explained that the same woman promised they would be flown to Boston and receive expedited work papers if they boarded the flights in San Antonio.
With this background in mind, some commentators have suggested the flight scheme may have run afoul of Texas law. Under title 5, chapter 20 of the Texas penal code, the crime of “unlawful restraint,” or restricting someone’s movement without consent, includes actions that involve “force, intimidation, or deception.” An unlawful restraint offense is a misdemeanor, except when the victim is under 17 years old—then it’s a state jail felony. At least some of the migrants DeSantis sent to Martha’s Vineyard were children.
Legal experts surveyed by Politico suggested that federal criminal trafficking statutes weren’t relevant unless migrants were transported against their will. If coercion was involved, the legality becomes much murkier. “If someone is told, ‘Hey, get on the bus. We’re going to Chicago because we have a job for you’ and it’s not true, that person has been victimized,” said Steven Block, a Chicago lawyer and former assistant U.S. attorney who dealt with trafficking and corruption cases.
The matter of state funds is at least slightly easier to distill. Florida’s 2021–2022 budget set aside $12,000,000 to implement “a program to facilitate the transport of unauthorized aliens from this state consistent with federal law.” Funds that weren’t spent in 2021–2022 rolled over to be used for the same purpose in 2022–2023. This is the pot through which DeSantis financed the Martha’s Vineyard flights, and the governor says he’ll spend “every penny” of it to “make sure that we’re protecting the people of the state of Florida.”
The 2022–2023 spending bill explicitly provides money for transporting migrants “from this state.” That would seem to indicate an origin in Florida. But the Martha’s Vineyard flights originated in San Antonio, which DeSantis acknowledges. Florida Democrats are now questioning whether this rendered the flights illegal. They are attempting to block funding for the relocation effort. A potential sticking point is that the flights were routed through Crestview, Florida, before reaching Martha’s Vineyard, ostensibly to refuel.
Geography aside, the migrants’ immigration status may also clash with the Florida budget language. State Sen. Aaron Bean (R–Jacksonville) stated in March that the relocation scheme wouldn’t apply to people who had requested asylum in the U.S. after fleeing communist or socialist countries since “they are here lawfully.” Further, the 2022–2023 budget specifies that the relocation scheme only applies to people who are “unlawfully present” in the country.
After crossing the U.S.-Mexico border, the migrants now suing DeSantis—all recent immigrants from Venezuela—turned themselves over to federal immigration officials, the lawsuit explains. Each has “active federal proceedings to adjudicate their immigration status,” which authorizes them to stay in the United States unless their immigration court proceedings determine otherwise.”
“Noting that “the Constitution makes no reference to abortion,” Alito argues that “no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment.” Although “that provision has been held to guarantee some rights that are not mentioned in the Constitution,” he says, “any such right must be ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.'” Alito concludes that “the right to an abortion does not fall within this category.”
That analysis falls short in at least two crucial ways.
First, Alito fails to grapple with the argument that the right to terminate a pregnancy can be understood as a subset of the right to bodily integrity. As the legal scholar Sheldon Gelman detailed in a 1994 Minnesota Law Review article, the right to bodily integrity can be traced back to the Magna Carta. That makes it one of the many rights “retained by the people” (in the words of the Ninth Amendment) that were imported into the Constitution from English law. That right, in other words, is “deeply rooted” in American history and tradition.
Second, Alito’s draft opinion distorts the relevant legal history and thus misstates the historical pedigree of abortion rights. “When the United States was founded and for many subsequent decades, Americans relied on the English common law,” explains an amicus brief that the American Historical Association and the Organization of American Historians filed in Dobbs. “The common law did not regulate abortion in early pregnancy. Indeed, the common law did not even recognize abortion as occurring at that stage. That is because the common law did not legally acknowledge a fetus as existing separately from a pregnant woman until the woman felt fetal movement, called ‘quickening,’ which could occur as late as the 25th week of pregnancy.”
A survey of founding-era legal authorities confirms this view. William Blackstone’s widely read Commentaries on the Laws of England, first published in 1765, noted that life “begins in contemplation of law as soon as an infant is able to stir in the mother’s womb.” Under the common law, Blackstone explained, legal penalties for abortion applied only “if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb.” That means abortion was legal in the early stages of pregnancy under the common law.
Blackstone’s writings had an important influence on America’s founding generation. In his 1790 Of the Natural Rights of Individuals, for example, James Wilson, a driving force at the Constitutional Convention in Philadelphia and a leading voice for ratification at Pennsylvania’s convention, repeated Blackstone’s gloss. “In the contemplation of law,” Wilson wrote, “life begins when the infant is first able to stir in the womb.”
At the time of the founding, no American state had the lawful power to prohibit abortion before quickening because the states adhered to the common law as described by Blackstone and Wilson. We might call this the original understanding of the states’ regulatory powers. That original understanding contradicts Alito’s assertion that abortion rights—at least during the early stages of pregnancy—lack deep roots in American history.”
“When Californians voted to legalize recreational marijuana cultivation and sales back in 2016, the industry ended up saddled with state and local taxes that make it inordinately costly to attempt to sell or buy cannabis legally. As a result, the black market for marijuana still dominates sales in a state where it’s legal to buy it. Industry analysts estimate about $8 billion in black market marijuana sales annually in California—double the amount of marijuana purchased through licensed dispensaries.
The cultivation tax has been consistently eyed by industry analysts as a problem. This particular tax is unique among agricultural products in California, and due to the legislation passed in 2017 to establish tax authorities, it’s regularly adjusted for inflation. As a result, cultivation tax rates actually increased at the start of 2022 despite this big black market problem.
The high cost of attempting to cultivate marijuana has both given cannabis farmers second thoughts and has fostered a whole new drug war as state and local law enforcement officers raid illegal grow operations out in the rural and uninhabited parts of the state. Legislators even passed a new law adding more potential criminal penalties for those arrested for “aiding and abetting” any unlicensed dealers.”
“It’s good news that Newsom is proposing eliminating the cultivation tax. He may be doing it in the hopes that the state will make more money, but California residents will also benefit from cheaper legal options. And if this makes it easier for people to grow cannabis legally, there will hopefully be fewer raids and enforcement operations in the future.”
I used to support legalizing all drugs. Then the opioid epidemic happened. German Lopez. 2017 9 12. Vox. https://www.vox.com/policy-and-politics/2017/4/20/15328384/opioid-epidemic-drug-legalization Dopesick Reinforces These Pernicious Misconceptions About Opioids, Addiction, and Pain Treatment Jacob Sullum. 2021 11 17. Reason. Two Courts Debunk Widely Accepted Opioid
Substance Use and Intimate Partner Violence: A Meta-Analytic Review 2016. Bryan M. Cafferky, Marcos Mendez, Jared R. Anderson, and Sandra M. Stith. Psychology of Violence. https://d1wqtxts1xzle7.cloudfront.net/59511278/Cafferky_201820190604-60960-qtu1qv-with-cover-page-v2.pdf?Expires=1643220750&Signature=JmFWS~QkCg86Icul9oqw-3Sz9j5uO~LzKP~HsVRSKQtNbZcNthwDy3nCgpG9yKXqPN2J2hs4tBs5pXVaD7cqLr9OXk9MDuEs37O1A0-c1-ZxX7EWjD16pZdSF3uKci5vDn4Geu2DhSduZ-Jqd~qkfmjK~NJybrESL7vvuiyszzVMhd~XjwQUQKw-PDdYiOY8qMD4oA~ecbZKCSVF~Rmxm5aFaYmnHAtWJb6Xc221n2SG5db3vXeECkCW3Ym09t7YAkY2b-Sg~sjKhHe3vGbUVcPkSj3aMKjsjBuA~mGK6xynPEQkGlmRJ0Htg22yJsh02QBtbqf51KqlGMKsk0L4uA__&Key-Pair-Id=APKAJLOHF5GGSLRBV4ZA ALCOHOL USE IN FAMILY AND DOMESTIC VIOLENCE Ashlee Curtis et al. https://onlinelibrary.wiley.com/doi/am-pdf/10.1111/dar.12925 The Role of Illicit
Comparative risk assessment of alcohol, tobacco, cannabis and other illicit drugs using the margin of exposure approach Dirk W. Lachenmeier and Jurgen Rehm. 2015. Scientific Reports. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4311234/ Margin of exposure European Food Safety Authority. https://www.efsa.europa.eu/en/topics/topic/margin-exposure What Are Margin of Exposure (MOE) and
“Preconstitutional practice in England and America included impeachment of former officials. Ten of the 12 state constitutions that were written before the U.S. Constitution was drafted addressed impeachment. In those state constitutions, Kalt notes, “late impeachment was either required, permitted, or not discussed, but was nowhere explicitly forbidden.”
Did the Framers mean to break from historical practice by limiting impeachment to current officials? If so, they never clearly expressed that intent.
The Constitution says “the President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” It gives the House the “sole Power of Impeachment” and the Senate “the sole Power to try all Impeachments,” while limiting the penalties to removal from office and disqualification from future federal office.
This “poor drafting,” as Kalt describes it, leaves unresolved the question of whether the optional penalty of disqualification is enough to justify a Senate trial when the mandatory penalty of removal from office is no longer possible. As Turley sees it, “a private citizen is being called to the Senate to be tried for removal from an office that he does not hold.”
Kalt and many other scholars argue that the aims of accountability and deterrence would be frustrated if a president could avoid impeachment or trial by committing “high crimes and misdemeanors” toward the end of his term (as Trump is accused of doing) or by resigning (as Belknap and Richard Nixon did) after his misconduct comes to light. They also argue that disqualification is an important remedy when a president guilty of serious misconduct might plausibly make a comeback.
The “good faith” to which Turley aspires is hard to perceive in the arguments offered by most of Trump’s critics and defenders. As Stanford law professor Michael McConnell (who thinks Trump’s trial is constitutional) notes, “much of the discussion…consists of motivated reasoning on both sides that no doubt would be the opposite if partisan roles were reversed.””