Harisiades v. Shaughnessy
5-4
00:00
The Importance of the Political Branch in Immigration Law
Frank Fertr writes a concurrence where he implies pretty heavily that he thinks this is a terrible outcome and bad policy. He says these are political questions that are best resolved by the elected branches and outside the courts like expertise and purview. Douglas, our human rights king is in dissent joined by Hugo Black. His dissent I thought was pretty good, not as sharp as I would like, but he sort of attacks this idea that this is something that's best entrusted to the political branches essentially.
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